Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.24 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer will be in control of the proceedings and
				will have the authority to administer oaths, admit or exclude testimony or
				other evidence, and rule on all motions and objections.
(1)
Examination of
			 witnesses.
All witnesses shall be sworn or affirmed by the presiding
			 officer or the court reporter and be subject to cross-examination. Board
			 members and the administrative law judge have the right to examine witnesses at
			 any stage of a witness's testimony. The presiding officer may limit questioning
			 in a manner consistent with law.
(2)
Public hearing.
The
			 hearing will be open to the public unless a licensee or licensee's attorney
			 requests in writing that a licensee disciplinary hearing be closed to the
			 public.
(3)
Record of
			 proceedings.
Oral proceedings will be recorded either by mechanical or
			 electronic means or by certified shorthand reporters. Oral proceedings or any
			 part thereof will be transcribed at the request of any party with the expense
			 of the transcription charged to the requesting party. The recording or
			 stenographic notes of oral proceedings or the transcription will be filed with
			 and maintained by the board for at least five years from the date of
			 decision.
(4)
Order of
			 proceedings.
Before testimony is presented, the record will show the
			 identities of any board members present, the identity of the administrative law
			 judge, the identities of the primary parties and their representatives, and the
			 fact that all testimony is being recorded. In contested cases initiated by the
			 board, such as licensee discipline, hearings will generally be conducted in the
			 following order, subject to modification at the discretion of the board:
a. The presiding officer or designee may read
			 a summary of the charges and answers thereto and other responsive pleadings
			 filed by the respondent prior to the hearing.
b. The assistant attorney general
			 representing the state's interest before the board may make a brief opening
			 statement, which may include a summary of charges and the names of any
			 witnesses and documents to support such charges.
c. Each respondent shall be offered the
			 opportunity to make an opening statement, including the names of any witnesses
			 the respondent(s) desires to call in defense. A respondent may elect to make
			 the opening statement just prior to the presentation of evidence by the
			 respondent(s).
d. The presentation
			 of evidence on behalf of the state.
e. The presentation of evidence on behalf of
			 the respondent(s).
f. Rebuttal
			 evidence on behalf of the state, if any.
g. Rebuttal evidence on behalf of the
			 respondent(s), if any.
h. Closing
			 arguments first on behalf of the state, then on behalf of the respondent(s),
			 and then on behalf of the state, if any. The order of proceedings will be
			 tailored to the nature of the contested case. In license reinstatement
			 hearings, for example, the respondent will generally present evidence first
			 because the respondent is obligated to present evidence in support of the
			 respondent's application for reinstatement pursuant to rule
			 641-33.40 (17A,272C). In license
			 denial hearings, the state will generally first establish the basis for the
			 board's denial of licensure, but thereafter the applicant has the burden of
			 establishing the conditions for licensure pursuant to rule
			 641-33.36
			 (17A,105,272C).