Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.26 - Appeals to Commission From a Proposed Decision of a Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Notification of
			 proposed decision. Notice of the presiding officer's proposed decision and
			 order in a contested case shall be sent through the electronic filing system,
			 or by first-class mail if the commission has granted a party approval to
			 receive service in paper, on the date the order is issued. The decision shall
			 normally include "Proposed Decision and Order" in the title and shall normally
			 inform the parties of their right to appeal an adverse decision and the time in
			 which an appeal must be taken.
(2)
			 Appeal from proposed decision. A proposed decision and order of the presiding
			 officer in a contested case shall become the final decision of the commission
			 unless, within 15 days after the decision is issued, the commission moves to
			 review the decision or a party files an appeal of the decision with the
			 commission. The presiding officer may shorten the time for appeal. In
			 determining whether a request for a shortened appeal period should be granted,
			 the presiding officer may consider the needs of the parties for a shortened
			 appeal period, relevant objections of the parties, the relevance of any written
			 objections filed in the case, and whether there are any issues that indicate a
			 need for the 15-day appeal period.
(3) Any adversely affected party may appeal a
			 proposed decision by timely filing a notice of appeal. The notice of appeal
			 shall be electronically filed unless the appellant has received permission from
			 the commission to submit paper filings.
(4) On appeal of a proposed decision of a
			 presiding officer that is based upon new evidence not introduced in the record
			 before the presiding officer, the commission shall determine whether the new
			 evidence requires a new hearing. If the commission determines that the new
			 evidence is material to the proposed decision and a new hearing should be held,
			 the commission may remand the proposed decision to the presiding officer for
			 the taking of the new evidence or may conduct a hearing and issue an order
			 based upon the record before the presiding officer and the new
			 evidence.
(5) Contents of notice of
			 appeal. The notice of appeal shall include the following in separately numbered
			 paragraphs supported, where applicable, by controlling statutes and rules.
a. A brief statement of the facts.
b. A brief statement of the history of the
			 proceeding, including the date and a description of any ruling claimed to be
			 erroneous.
c. A statement of each
			 of the issues to be presented for review.
d. A precise description of the error(s) upon
			 which the appeal is based. If a claim of error is based on allegations that the
			 presiding officer failed to correctly interpret the law governing the
			 proceeding, exceeded the authority of a presiding officer, or otherwise failed
			 to act in accordance with law, the appellant shall include a citation to briefs
			 or other documents filed in the proceeding before the presiding officer where
			 the legal points raised in the appeal were discussed. If a claim of error is
			 based on allegations that the presiding officer failed to give adequate
			 consideration to evidence introduced at hearing, the appellant shall include a
			 citation to pages of the transcript or other documents where the evidence
			 appears.
e. A precise statement of
			 the relief requested.
f. A
			 statement as to whether an opportunity to file a brief or make oral argument in
			 support of the appeal is requested and, if an opportunity is sought, a
			 statement explaining the manner in which briefs and arguments presented to the
			 presiding officer are inadequate for purposes of appeal.
g. If a party wishes to request a stay or
			 other temporary remedy pending review of the proposed decision by the
			 commission, the request shall state the reasons justifying a stay or other
			 temporary remedy and shall address the factors listed in Iowa Code section
			 17A.19(5)
"c."
h.
			 Certification of service showing the names and addresses of all parties upon
			 whom a copy of the notice of appeal was served.