Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 6 - Appeal Procedures › Rule 281-6.12 - Appeal Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
On
				stipulated record.
Upon the written agreement of the parties, the
				transcript of the record and proceedings as certified by the proper official
				and any other documents mutually stipulated may become the evidentiary basis
				for the hearing on appeal. In the event that the hearing is to be conducted on
				the stipulated record, the following procedures shall be followed:
a. At the established time, the name and
				nature of the case are announced by the administrative law judge. Inquiries
				shall be made as to whether the respective parties or their representatives are
				present.
b. When it is determined
				that parties or their representatives are present, or that absent parties have
				been properly notified, the hearing may proceed. When any absent party has been
				properly notified, this fact shall be entered into the record. When notice to
				an absent party has been sent by certified mail, return requested, the return
				shall be placed in the record. If the notice was sent in another manner,
				sufficient details of the time and manner of notice shall be entered into the
				record. If it is not determined whether absent parties have been properly
				notified, the proceedings may be recessed at the discretion of the
				administrative law judge.
c. The
				appeal hearing on stipulated record is nonevidentiary in nature. No witnesses
				will be heard nor evidence received. The controversy will be decided on the
				basis of the stipulated record and the arguments presented on behalf of the
				respective parties. The parties shall be so reminded by the administrative law
				judge at the outset of the proceedings.
d. Illustrative materials such as charts and
				maps may be used to illustrate an argument, but may not be used as new evidence
				to prove a point in controversy.
e.
				Unless the administrative law judge determines otherwise, each party shall have
				one spokesperson.
f. The appellant
				shall present the first argument. The appellee shall follow with argument and
				rebuttal of the appellant's argument. A third party who was a party in the
				initial proceeding but not either appellant or appellee may, at the discretion
				of the administrative law judge, be allowed to make remarks. The appellant may
				then rebut the proceeding arguments but may not introduce new
				arguments.
g. Appellant and
				appellee shall have equal time to present their arguments and appellant's total
				time shall not be increased by the right of rebuttal. The time limit for
				argument shall be established by the administrative law judge and shall in most
				instances be limited to 30 minutes for each party.
h. At the conclusion of arguments, each party
				shall have the opportunity to submit written briefs or arguments, or additional
				written briefs if they have already done so. Any party submitting a written
				brief or argument must deliver a copy to all other parties, preferably in
				advance of the appeal hearing. In the event that all parties have not been
				furnished a copy of another party's brief at least two days in advance of the
				appeal hearing, each party shall be afforded the opportunity to submit reply
				briefs within ten days of the conclusion of the appeal hearing. The opportunity
				to submit reply briefs may be waived by any party and shall be entered into the
				record.
i. The appeal hearing is
				then closed upon order of the administrative law judge.