Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 5 - Personnel Appeals › Rule 486-5.1 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Form and time of appeal.
A person aggrieved by a personnel action pertaining to an application
			 rejection; examination rating; removal from an eligible list or
			 disqualification; or veteran's points rejection may appeal to the employment
			 appeal board within 30 days from the date of the notification of the action.
			 The appeal must be in writing, signed by the appellant or authorized agent. If
			 an appeal is signed by the authorized agent, the name of the appellant shall be
			 shown in the appeal.
The appeal shall be addressed to Employment Appeal Board, 6200
				Park Avenue, Suite 100, Des Moines, Iowa 50321.
(2)
Taking the appeal.
An
			 appeal may be filed by mail, by facsimile transmission, by other transmission,
			 or in person. If filed by U.S. Postal Service, the date of filing shall be the
			 date of the postmark, if legible. If by fax, the date of filing shall be the
			 date of the fax transmission. If by other transmission, or in person, the date
			 of filing shall be the date received by the employment appeal board.
The employment appeal board shall provide the respondent agency
				a copy of the appeal.
(3)
Hearing date and notice.
Upon receipt of the appeal, the
			 appeal board shall determine if the board will conduct the hearing or if it
			 will assign the appeal to an administrative law judge of the appeals section of
			 the department of inspections and appeals. If the board conducts the hearing, a
			 hearing date shall be established and notice of the hearing shall be sent to
			 the parties by ordinary mail not less than ten days prior to the hearing.
If the matter is assigned to an administrative law judge, the
				matter shall be assigned for hearing by the administrative law judge utilizing
				procedures established by the appeals section of the department of inspections
				and appeals.
(4)
Continuances.
Requests for continuance of a hearing must be
			 made not less than three days before the scheduled hearing date. The request
			 must be in writing and signed by the requesting party or an authorized
			 representative. Each party shall be granted only one continuance, unless good
			 cause is established as determined by the chairperson of the appeal board or
			 assigned administrative law judge.
(5)
Hearings.
The hearing
			 may be conducted by a quorum of the employment appeal board. A quorum of the
			 appeal board shall be two members. If the matter is assigned to an
			 administrative law judge, that person shall conduct the hearing.
(6)
Procedure during
			 hearings.
If the appeal is heard by the employment appeal board, the
			 hearing shall be conducted in an informal manner utilizing the procedures
			 provided in Iowa Code section 17A.12.
(7)
Decision.
If the hearing
			 is conducted by the employment appeal board, the decision of the board shall be
			 the final decision. If the hearing is conducted by an administrative law judge,
			 the decision shall be a proposed decision, which shall become the final
			 decision 20 days after the issue date of that decision, unless a further appeal
			 is taken to the employment appeal board. The appeal board on further review may
			 reverse, modify or remand the proposed decision. The decision of the employment
			 appeal board becomes the final decision on further review.
(8)
Rehearings and further
			 appeals.
The decision of the appeal board shall be the final decision
			 of the agency. A request for rehearing must be filed within 20 days of the date
			 of the board's decision. The board has 20 days from the date of filing to act
			 on the request for rehearing or it is deemed denied by law. Any appeal to
			 district court must be made within 30 days from the date of the decision of the
			 employment appeal board or to the denial, or deemed denial, of the request for
			 rehearing.
This rule is intended to implement Iowa Code section
				10A.601.