Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.20 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				hearing may be conducted before the board or a panel of not less than three
				members of the board at least two of whom are licensed by the board.
(2) Hearings by the dental hygiene committee.
				In the event the licensee who is the subject of the contested case is a dental
				hygienist, the hearing shall be held before the dental hygiene committee, which
				shall constitute a panel of the board. The dental hygiene committee may in its
				discretion recommend to the board that the hearing be held instead before a
				panel of the board or full board.
(3) When, in the opinion of a majority of the
				board, it is desirable to obtain specialists within an area of practice when
				holding disciplinary hearings, the board may appoint a panel of three
				specialists who are not board members to make findings of fact and to report to
				the board. Such findings shall not include any recommendation for or against
				licensee discipline.
(4) The
				presiding officer shall have the authority to administer oaths, to admit or
				exclude testimony or other evidence, and to rule on all motions and objections.
				The presiding officer may request that an administrative law judge perform any
				of these functions, and may be assisted and advised by an administrative law
				judge.
(5) All objections shall be
				timely made and stated on the record.
(6) Parties have the right to participate or
				to be represented in all hearings or prehearing conferences related to their
				case. Any party may be represented by an attorney at their own
				expense.
(7) Subject to terms and
				conditions prescribed by the presiding officer, parties have the right to
				introduce evidence on issues of material fact, cross-examine witnesses present
				at the hearing as necessary for a full and true disclosure of the facts,
				present evidence in rebuttal, and submit briefs and engage in oral
				argument.
(8) The presiding officer
				shall maintain the decorum of the hearing and may refuse to admit or may expel
				anyone whose conduct is disorderly.
(9) Witnesses may be sequestered during the
				hearing.
(10) The presiding officer
				shall have authority to grant immunity from disciplinary action to a witness as
				provided by Iowa Code section
				272C.6(3).
(11) The presiding officer shall conduct the
				hearing in the following manner:
a. The
				presiding officer shall give an opening statement briefly describing the nature
				of the proceedings;
b. The parties
				shall be given an opportunity to present opening statements;
c. Parties shall present their cases in the
				sequence determined by the presiding officer;
d. Each witness shall be sworn or affirmed by
				the presiding officer or the court reporter, and be subject to examination and
				cross-examination. The presiding officer may limit questioning in a manner
				consistent with law;
e. When all
				parties and witnesses have been heard, parties may be given the opportunity to
				present final arguments.