reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.5 - Notices of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Responsibility for issuance of notice of hearing and the manner of service
			 shall be resolved by agreement between the division and the transmitting
			 agency.
(2) Notices of hearing
			 shall contain the information required by Iowa Code subsection
			 17A.12(2)
			  and any additional information required by
			 statute or rule. Notices shall be served by first-class mail, unless otherwise
			 required by statute or rule, or agreed pursuant to subrule 10.5(1).
This rule is intended to implement Iowa Code sections 17A.12(1)
				and 17A.12(2).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.6 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded, the parties in a contested case may
				waive any provision of this chapter pursuant to Iowa Code section
				17A.10.
This rule is intended to implement Iowa Code section
				10A.202(2).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.7 - Telephone Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
A prehearing conference or a hearing may be held by telephone
				conference call pursuant to a notice of hearing or an order of the ALJ. The
				division shall determine the location of the parties and witnesses in telephone
				hearings. The convenience of the witnesses or parties, as well as the nature of
				the case, shall be considered when location is chosen.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.8 - Scheduling

Current through Register Vol. 47, No. 3, July 24, 2024
Contested case hearings are scheduled according to the
				following criteria:
(1)
Agency
			 hearings.
The division shall promptly schedule hearings. The
			 availability of an administrative law judge and any special circumstances shall
			 be considered.
(2)
Board
			 hearings.
Boards are requested to consult with the division prior to
			 scheduling hearings to determine the availability of an administrative law
			 judge. The board shall determine the time and place of hearing.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.9 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
			 administrative law judge shall withdraw from contested cases for lack of
			 impartiality or other legally sufficient cause including, but not limited to,
			 cases where:
a. The ALJ has a personal bias
			 or prejudice concerning a party, or personal knowledge of disputed evidentiary
			 facts concerning the case;
b. The
			 ALJ has prosecuted or advocated in connection with the case, the specific
			 controversy underlying the case, or another pending factually related contested
			 case or pending factually related controversy that may culminate in a contested
			 case involving the same parties;
c.A private party is a client or has been a
			 client of the ALJ within the past two years;
d. The ALJ has a financial interest in the
			 case or any other interest that could be substantially affected by the outcome
			 of the case; or
e. The ALJ, the
			 ALJ's spouse, or relative within the third degree of relationship:
(1) Is a party to the case or an officer,
			 director or trustee of a party;
(2)
			 Is a lawyer in the case;
(3) Is
			 known by the ALJ to have an interest that could be substantially affected by
			 the outcome of the case; or
(4) Is
			 to the ALJ's knowledge likely to be a material witness in the case.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.10 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The administrative law judge may, upon motion
			 by any party or the ALJ's own motion, consolidate any or all matters at issue
			 in two or more proceedings docketed under these rules where:
a. There exist common parties or common
			 questions of fact or law;
b.
			 Consolidation would expedite and simplify consideration of the issues;
			 and
c. Consolidation would not
			 adversely affect the rights of parties engaged in otherwise separate
			 proceedings.
At any time prior to the hearing, any party may on motion
				request that the matters not be consolidated, and the motion shall be granted
				for good cause shown.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.11 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
Pleadings may be required by the notice of hearing or by order
				of the administrative law judge. If pleadings are required, they shall be filed
				as follows:
(1)
Petition.
When an action of the agency is appealed and
			 pleadings are required under this rule, the aggrieved party shall file the
			 petition.
a. Any required petition shall be
			 filed within 20 days of delivery of the notice of hearing, unless otherwise
			 ordered.
b. The petition shall
			 state in separately numbered paragraphs the following:
(1) The relief demanded and the facts and law
			 relied upon for relief;
(2) The
			 particular provisions of the statutes and rules involved;
(3) On whose behalf the petition is filed;
			 and
(4) The name, address and
			 telephone number of the petitioner and the petitioner's attorney, if
			 any.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.12 - Service and Filing of Documents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service is
			 required.
Except where otherwise specifically authorized by law, every
			 pleading, motion, or other document filed in the contested case proceeding and
			 every document relating to discovery in the proceeding shall be served upon
			 each of the parties to the proceeding, including the originating agency. Except
			 for the notice of the hearing and an application for rehearing as provided in
			 Iowa Code subsection
			 17A.16(2),
			 the party filing a document is responsible for service on all
			 parties.
(2)
Methods of
			 performing service.
Service upon a party represented in the contested
			 case proceeding by an attorney shall be made upon the attorney unless otherwise
			 ordered. Service is made by delivering, mailing, or transmitting by facsimile
			 (fax) or by electronic mail (e-mail) a copy to the party or attorney at the
			 party's or attorney's last-known mailing address, fax number, or e-mail
			 address. Service by first-class mail is complete upon mailing, except where
			 otherwise specifically provided by statute, rule or order. Service by fax or
			 electronic mail is complete upon transmission unless the party making service
			 learns that the attempted service did not reach the person to be
			 served.
(3)
Filing with the
			 division.
After a matter has been assigned to the division, and until
			 a proposed decision is issued, every pleading, motion, or other document shall
			 be filed with the division, rather than the originating agency. All documents
			 that are required to be served upon a party shall be filed simultaneously with
			 the division.
a. Except where otherwise
			 provided by law, a document is deemed filed with the division at the time it
			 is:
(1) Delivered to the division at the
			 Wallace State Office Building, Third Floor, 502 East Ninth Street, Des Moines,
			 Iowa, and date-stamped received;
(2) Delivered to an established courier
			 service for immediate delivery to the division;
(3) Mailed to the division by first-class
			 mail or by state interoffice mail so long as there is adequate proof of
			 mailing; or
(4) Transmitted by
			 facsimile (fax) to (515)281-4477, by electronic mail (e-mail)
			 to
adminhearings(5idia.iowa.gov
, or by other electronic
			 means approved by the division, as provided in subrule 10.12(3),
			 paragraph
"b. "
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.13 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Pursuant to
			 Iowa Code section
			 17A.13,
			 discovery procedures applicable in civil actions are applicable in contested
			 cases. Unless lengthened or shortened by rules of the agency or by a ruling by
			 the ALJ, time periods for compliance with discovery shall be as provided in the
			 Iowa Rules of Civil Procedure.
(2)
			 Any motion relating to discovery shall allege that the moving party has made a
			 good faith attempt to resolve the issues raised by the motion with the opposing
			 party. Motions in regard to discovery shall be ruled on by the ALJ. Opposing
			 parties shall be afforded the opportunity to respond within ten days of the
			 filing of the motion unless the time is shortened as provided in subrule
			 10.13(1). The ALJ may rule on the basis of the written motion and any response
			 or may order argument on the motion.
This rule is intended to implement Iowa Code section
				17A.13.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.14 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. Pursuant to
			 Iowa Code subsection
			 17A.13(1),
			 the division shall issue an agency subpoena to a party on request unless
			 otherwise excluded pursuant to this rule. A request for a subpoena shall be in
			 writing. The request may be made in person or by mail, facsimile (fax),
			 electronic mail (e-mail), or other electronic means approved by the division.
			 The request shall include the names of the parties, the case number, the name
			 and address of the requested witness, and a description or list of any
			 documents or other items requested. The request shall also note the nature of
			 the proceeding at which the witness is requested to testify (e.g., deposition,
			 telephone hearing, or in-person hearing), the date and time of the proceeding,
			 whether the witness is requested to appear in person or by telephone, the
			 location of the proceeding if it is being conducted in a location other than
			 the Wallace State Office Building, and the method of recording any deposition.
			 A request for a subpoena shall be received by the division at least seven
			 calendar days before the scheduled hearing. The request shall include the name,
			 address, e-mail address, and telephone number of the requesting
			 party.
b. The division shall
			 provide the subpoena to the requesting party by regular mail, fax, e-mail, or
			 other electronic means or allow for pickup during the department's regular
			 business hours.
c. When authorized
			 by law, an administrative law judge (ALJ) may issue a subpoena on the ALJ's own
			 motion.
d. When there is reasonable
			 ground to believe a subpoena is requested for the purpose of harassment, or
			 that the subpoena requests irrelevant evidence or is untimely, the division may
			 refuse to issue the subpoena. If the division refuses to issue a subpoena, the
			 division shall provide a written statement of the ground for refusal. A party
			 to whom a refusal is issued may obtain a prompt hearing before an ALJ regarding
			 the refusal by filing with the division and serving on all parties a written
			 request for a hearing, including a statement of testimony, documents, or other
			 items expected to be elicited from the subpoenaed witness and a showing of
			 relevancy to the proceeding.
e. The
			 issuance of a subpoena by the division does not constitute a ruling by the ALJ
			 that the subpoenaed witness may testify at the hearing or that a subpoenaed
			 document may be admitted into evidence. A party seeking to call a subpoenaed
			 witness to testify or seeking to introduce a subpoenaed document at a hearing
			 must comply with any applicable requirement in statute, administrative rule, or
			 ALJ order regarding the submission of witness or exhibit lists and the
			 disclosure of proposed exhibits to opposing parties.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.15 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical
			 form is required for motions. Prehearing motions, however, must be written,
			 state the grounds for relief and state the relief sought. Any motion for
			 summary judgment shall be filed in compliance with the requirements of Iowa
			 Rules of Civil Procedure.
(2) Any
			 party may file a written resistance or response to a motion within 14 days
			 after the motion is served, unless the time period is extended or shortened by
			 rules of the agency or the administrative law judge. The ALJ may consider a
			 failure to respond within the required time period in ruling on a
			 motion.
(3) The administrative law
			 judge may schedule oral argument on any motion on the request of any party or
			 the ALJ's own motion.
(4) Except
			 for good cause, all motions pertaining to the hearing must be filed and served
			 at least ten days prior to the hearing date unless the time period is shortened
			 or lengthened by rules of the agency or the administrative law judge.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.16 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Set by division.
The division may commence a contested case
			 proceeding by issuing a notice of hearing that sets a prehearing conference to
			 provide parties an opportunity to be heard on the selection of a date and time
			 for the hearing on the merits and any other matters set forth in the notice or
			 raised by the parties.
(2)
Requested by party.
Any party may request a prehearing
			 conference by filing and serving a written motion at least ten days prior to
			 the date of the hearing. The motion must state any matters that the party seeks
			 to address at the prehearing conference. If the administrative law judge grants
			 the motion, the administrative law judge shall issue an order providing notice
			 of the date and time of the prehearing conference to all parties.
(3)
Ordered by administrative law
			 judge.
The administrative law judge may order a prehearing conference
			 if the administrative law judge determines on the administrative law judge's
			 own motion that a prehearing conference should be held.
(4)
Default.
If a party
			 fails to appear or participate in a prehearing conference after proper service
			 of notice, the administrative law judge may enter a default decision or proceed
			 with the prehearing conference in the absence of the party.
This rule is intended to implement Iowa Code sections
				10A.801(7) and
				17A.12.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.17 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, application for continuance shall be
				made to the ALJ or to the division if an ALJ has not been assigned.
(1) A written application for continuance
			 shall:
a. Be made before the
			 hearing;
b. State the specific
			 reasons for the request; and
c. Be
			 signed by the requesting party or their representative.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.18 - Withdrawals

Current through Register Vol. 47, No. 3, July 24, 2024
The party which requested an evidentiary hearing regarding
				agency action may withdraw prior to the hearing only in accordance with agency
				rules. Requests for withdrawal may be oral or written. If oral, the ALJ may
				require the party to submit a written request after the oral request. Unless
				otherwise provided, a withdrawal shall be with prejudice.
This rule is intended to implement Iowa Code sections
				10A.801(7) and
				17A.22.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.19 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion.
A motion for leave to intervene shall be served on all
			 parties and shall state the grounds for the proposed intervention, the position
			 and interest of the proposed intervenor, and the possible impact of
			 intervention on the proceeding. A proposed answer or petition in intervention
			 shall be attached to the motion. Any party may file a response within ten days
			 of service of the motion to intervene unless the time period is extended or
			 shortened by the ALJ.
(2)
When filed.
Motion for leave to intervene shall be filed as
			 early in the proceeding as possible to avoid adverse impact on existing parties
			 or the disposition of the proceeding. Unless otherwise ordered, a motion for
			 leave to intervene shall be filed before the prehearing conference, if one is
			 held, or at least 20 days before the date scheduled for hearing. Any later
			 motion must contain a statement of good cause for the failure to file in a
			 timely manner. The intervenor shall be bound by any agreement, arrangement or
			 other matter previously raised in the case. Requests by untimely intervenors
			 for continuances which would delay the hearing will be denied.
(3)
Grounds for
			 intervention.
The movant shall demonstrate that:
a. Intervention would not unduly prolong the
			 proceedings or otherwise prejudice the rights of existing parties;
b. The movant will be aggrieved or adversely
			 affected by a final order; and
c.
			 The interests of the movant are not being adequately represented by existing
			 parties; or that it is otherwise entitled to intervene.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.20 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When
			 an ALJ has been appointed as the presiding officer in a contested case, the ALJ
			 may:
a. Rule on motions;
b. Preside at the hearing;
c. Require the parties to submit
			 briefs;
d. Issue a proposed
			 decision; and
e. Issue orders and
			 rulings to ensure the orderly conduct of the proceedings.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.21 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The ALJ shall
			 rule on admissibility of evidence in accordance with Iowa Code section
			 17A.14
			 and may take official notice of facts pursuant to Iowa Code subsection
			 17A.14(4).
(2) Stipulation of facts is encouraged. The
			 ALJ may make a decision based on stipulated facts.
(3) Evidence shall be confined to the issues
			 on which there has been fair notice prior to the hearing. The ALJ may take
			 testimony on a new issue if the parties waive the right to notice and no other
			 objection is made. If there is objection, the ALJ may refuse to hear the new
			 issue and may make a decision on the original issue in the notice, or may grant
			 a continuance to allow the parties adequate time to amend pleadings and prepare
			 their cases on the additional issue.
(4) The party seeking admission of an exhibit
			 must provide opposing parties with an opportunity to examine the exhibit prior
			 to the ruling on its admissibility. Copies of documents should be provided to
			 opposing parties.
All exhibits admitted into evidence shall be appropriately
				marked and be made part of the record.
(5) Any party may object to specific evidence
			 or may request limits on the scope of any examination or cross-examination. The
			 party objecting shall briefly state the grounds for the objection. The
			 objection, the ruling on the objection and the reasons for the ruling shall be
			 noted in the record. The ALJ may rule on the objection at the time it is made
			 or may reserve a ruling until the written decision.
(6) Whenever evidence is ruled inadmissible,
			 the party offering that evidence may submit an offer of proof on the record.
			 The party making the offer of proof for excluded oral testimony shall briefly
			 summarize the testimony. If the evidence excluded consists of a document or
			 exhibits, it shall be marked as part of an offer of proof and inserted in the
			 record.
This rule is intended to implement Iowa Code sections 17A.11 to
				17A.14.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.22 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a party
			 fails to appear in a contested case proceeding after proper service of notice,
			 the ALJ may, if no adjournment is granted, proceed with the hearing and make a
			 decision in the absence of the party.
(2) Where appropriate and not contrary to
			 law, any party may move for default against a party who has requested an
			 evidentiary hearing to contest adverse agency action which has already
			 occurred, but has failed to file a required pleading or has failed to appear
			 after proper service.
(3) Where
			 authorized by law, an ALJ may issue a default order.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.23 - Ex Parte Communication

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Ex parte communication is prohibited as
			 provided in Iowa Code section 17A. 17. Parties or their representatives and
			 ALJs shall not communicate directly or indirectly in connection with any issue
			 of fact or law in a contested case except upon notice and an opportunity for
			 all parties to participate. The ALJ may communicate with persons who are not
			 parties as provided in subrule 10.23(2).
(2) However, the ALJ may communicate with
			 members of the agency and may have the aid and advice of persons other than
			 those with a personal interest in, or those prosecuting or advocating in the
			 case under consideration or a factually related case involving the same
			 parties.
(3) Any party or ALJ who
			 receives prohibited communication shall submit the written communication or a
			 summary of the oral communication for inclusion in the record. Copies shall be
			 sent to all parties. There shall be opportunity to respond.
(4) Prohibited communications may result in
			 sanctions as provided in agency rule. In addition, the department, through the
			 ALJ, may censure the person or may prohibit further appearance before the
			 department.
This rule is intended to implement Iowa Code sections 17A.14
				and 17A.17.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.24 - Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Proposed decisions.
The ALJ shall issue a proposed decision
			 which includes findings of fact and conclusions of law stated separately. The
			 decision shall be based on the record of the contested case.
The record in a contested case shall include all materials
				specified in Iowa Code subsection
				17A.12(6).
				This shall include any request for a contested case hearing and other relevant
				procedural documents regardless of their form.
A ruling dismissing all of a party's claims or a voluntary
				dismissal is a proposed decision under Iowa Code section
				17A.15.
(2)
Review of proposed
			 decisions.
Request for review of a proposed decision shall be made to
			 the agency in which the contested case originated in the manner and within the
			 time specified by that agency's rules. In contested cases in which the director
			 of the department of inspections and appeals has final decision-making
			 authority, request for review shall be made as provided in rule 481 -9.3 (10A,
			 17A).
(3)
Final
			 decisions.
If there is no appeal from or review of the proposed
			 decision, the ALJ's proposed decision becomes the final decision of the
			 agency.
(4)
Agency
			 reports.
The agency shall send a copy of any request for review of a
			 proposed decision to the division. The agency shall notify the division of the
			 results of the review, the final decision and any judicial decision
			 issued.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.26 - Board Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
In scheduling hearings, boards should consult with the division
				to determine the availability of an ALJ. The board shall determine the time and
				place of hearing. At the request of the board, an ALJ shall assist in the
				conduct of a contested case.
(1) The
			 ALJ may rule on preliminary matters, including motions, and conduct prehearing
			 conferences referred by the board.
(2) The ALJ may conduct the hearing for the
			 board, and may, when delegated by the board, perform duties including, but not
			 limited to, the following:
a. Open the record
			 and receive appearances;
b.
			 Administer oaths and issue subpoenas;
c. Enter the notice of hearing into the
			 record;
d. Enter the statement of
			 charges into the record;
e. Receive
			 testimony and exhibits presented by the parties;
f. Rule on objections and motions;
g. Close the hearing; and
h. Prepare findings of fact, conclusions of
			 law and decision and order
This rule is intended to implement Iowa Code sections 10A.202,
				17A.11 and 272C.6.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 10 - Rules of Procedure and Practice Before the Administrative Hearings Division › Rule 481-10.28 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
The division may provide a copy of the audio recording of the
				hearing or a printed transcript of the hearing when a record of the hearing is
				requested. The cost of providing the recording or preparing the transcript
				shall be paid by the requesting party.
Parties who request that a hearing be recorded by certified
				shorthand reporters shall bear the cost, unless otherwise provided by
				law.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 11 - Procedure for Contested Cases Involving Permits to Carry Weapons and Acquire Firearms › Rule 481-11.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Agency"
means the commissioner of public
				safety or the sheriff of the county in which the aggrieved party
				resides.
"Applicant"
means a person who has applied for
				a permit to carry weapons or acquire firearms.
"Contested case"
means a proceeding defined by
				Iowa Code section
				17A.2(5).
"Division"
means the division of
				administrative hearings of the Iowa department of inspections and
				appeals.
"Party"
means each person or agency named or
				admitted as a party.
"Permittee"
means a person who has received a
				permit to carry weapons or acquire firearms.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 11 - Procedure for Contested Cases Involving Permits to Carry Weapons and Acquire Firearms › Rule 481-11.2 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant or permittee may appeal a decision by an agency to
				deny an application for a permit to carry weapons or acquire firearms or to
				suspend or revoke a permit to carry weapons or acquire firearms.
(1)
Written appeal.
The
			 appeal shall be in writing or filed electronically pursuant to 481-Chapter 16
			 and should state the reasons for rebutting the denial, suspension, or
			 revocation.
(2)
Filing of
			 appeal.
Within 30 days of the applicant's or permittee's receipt of
			 the agency's decision, the applicant or permittee shall file the appeal, a copy
			 of the agency's written decision, and a fee of $10 with the Iowa Department of
			 Inspections and Appeals, Division of Administrative Hearings, 502 East 9th
			 Street, Des Moines, Iowa 50319, or electronically pursuant to 481-Chapter
			 16.
(3)
Service on the
			 agency.
The applicant or permittee shall serve a copy of the appeal on
			 the agency at the time the appeal is filed with the division.
(4)
Denial of appeal.
The
			 division may deny any appeal that does not meet each of the requirements in
			 subrules 11.2(1) to 11.2(3).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 11 - Procedure for Contested Cases Involving Permits to Carry Weapons and Acquire Firearms › Rule 481-11.3 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
The division shall prepare and serve the notice of
				hearing.
(1) In addition to the
			 information set forth in Iowa Code section
			 17A.12(2), the
			 notice of hearing shall contain the following information:
a. Identification of the parties;
b. Reference to the procedural rules
			 governing the contested case proceeding;
c. Identification of the administrative law
			 judge, including the judge's contact information;
d. Requirements for the filing and service of
			 a witness list and a copy of any exhibit(s) the party intends to introduce into
			 evidence during the contested case proceeding;
e. Notification that failure to appear and
			 participate in the contested case proceeding may result in the entry of a
			 default judgment;
f. Notification
			 that the applicant or permittee shall be required to pay the agency's
			 reasonable attorney fees and court costs if the agency's decision is affirmed
			 in the contested case proceeding or in subsequent judicial review of the
			 proceeding, or if the applicant or permittee withdraws or dismisses the
			 contested case proceeding or subsequent judicial review action; and
g. Notification that the agency shall be
			 required to pay the applicant's or permittee's reasonable attorney fees and
			 court costs if it is determined in the contested case proceeding or in
			 subsequent judicial review of the proceeding that the applicant or permittee is
			 eligible to be issued or to possess the permit that was denied, suspended, or
			 revoked.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 11 - Procedure for Contested Cases Involving Permits to Carry Weapons and Acquire Firearms › Rule 481-11.4 - Agency Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Upon
			 receipt of a copy of the notice of hearing, the agency shall file with the
			 division:
a. A copy of all documents used by
			 the agency in reaching the decision; and
b. A form identifying the name, address, and
			 telephone number of the agency's contact person or attorney
			 representative.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 11 - Procedure for Contested Cases Involving Permits to Carry Weapons and Acquire Firearms › Rule 481-11.5 - Contested Case Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
The hearing shall be conducted pursuant to the standards
				established in Iowa Code chapter 17A for contested case hearings. The hearing
				shall be held by telephone conference call, unless a party to the proceeding
				requests an in-person hearing from the administrative law judge no later than
				five days before the hearing. All in-person hearings shall be held at the
				division's headquarters in Des Moines, Iowa. If the administrative law judge
				grants an in-person hearing, the administrative law judge may allow one party
				to appear by telephone.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 11 - Procedure for Contested Cases Involving Permits to Carry Weapons and Acquire Firearms › Rule 481-11.6 - Service and Filing of Documents

Current through Register Vol. 47, No. 3, July 24, 2024
Service and filing of documents shall be in accordance with
				rule 481-10.12 (17A).
This rule is intended to implement Iowa Code section
				724.21A.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 11 - Procedure for Contested Cases Involving Permits to Carry Weapons and Acquire Firearms › Rule 481-11.7 - Witness Lists and Exhibits

Current through Register Vol. 47, No. 3, July 24, 2024
If a party fails to serve on all parties and file with the
				division a witness list or any exhibit as set forth in the notice of hearing,
				the party may be precluded from calling the witness at hearing or introducing
				the exhibit(s) into the record at hearing.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 11 - Procedure for Contested Cases Involving Permits to Carry Weapons and Acquire Firearms › Rule 481-11.9 - Withdrawals and Dismissals

Current through Register Vol. 47, No. 3, July 24, 2024
A request for withdrawal or dismissal of the appeal may be made
				with the division prior to the hearing. Either request must be in writing or
				secured on the record.
(1)
Withdrawals.
An applicant or permittee who requested a
			 contested case proceeding may request a withdrawal of the appeal. Upon receipt
			 of a request for withdrawal of the appeal, the administrative law judge shall
			 issue an order dismissing the appeal and addressing the award of attorney fees
			 pursuant to rule 481-ll.ll(lOA).
(2)
Dismissals.
An agency
			 may request a dismissal of the appeal by agreeing to grant the entire relief
			 sought by the applicant or permittee. The administrative law judge shall review
			 a request for dismissal to determine whether it grants all relief requested in
			 the appeal. If the request grants all relief requested in the appeal, the
			 administrative law judge shall issue an order dismissing the appeal, ordering
			 the agency to grant the relief requested, determining that no attorney fees are
			 to be awarded, and closing the case.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 11 - Procedure for Contested Cases Involving Permits to Carry Weapons and Acquire Firearms › Rule 481-11.10 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
If a party fails to appear after proper service of notice, the
				administrative law judge may enter a default order against the party or may
				proceed with the hearing and make a decision in the absence of the party. The
				default order or decision made in the absence of the party shall address the
				award of attorney fees pursuant to rule 481-ll.ll(lOA).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 11 - Procedure for Contested Cases Involving Permits to Carry Weapons and Acquire Firearms › Rule 481-11.12 - Probable Cause

Current through Register Vol. 47, No. 3, July 24, 2024
Probable cause to deny an initial or renewal application for a
				permit to carry weapons or acquire firearms or to suspend or revoke a permit to
				carry weapons or acquire firearms means a reasonable ground exists for
				supposing that the basis for the denial, suspension or revocation is
				well-founded.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 11 - Procedure for Contested Cases Involving Permits to Carry Weapons and Acquire Firearms › Rule 481-11.13 - Clear and Convincing Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
Clear and convincing evidence means there is no serious or
				substantial doubt about the correctness of the conclusion drawn from the
				evidence.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 11 - Procedure for Contested Cases Involving Permits to Carry Weapons and Acquire Firearms › Rule 481-11.14 - Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
A request for rehearing may be filed in accordance with Iowa
				Code section 17A.16(2).
This rule is intended to implement Iowa Code sections
				724.21A and
				17A.16.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 15 - Iowa Code of Administrative Judicial Conduct › Rule 481-15.1 - Canon 1

Current through Register Vol. 47, No. 3, July 24, 2024
A presiding officer shall uphold and promote the independence,
				integrity, and impartiality of the administrative judiciary and shall avoid
				impropriety and the appearance of impropriety.
(1)
Compliance with the law.
A presiding officer shall comply with the law, including the Iowa Code of
			 Administrative Judicial Conduct, hereafter referred to as "this
			 Code."
(2)
Promoting
			 confidence in the administrative judiciary.
A presiding officer shall
			 act at all times in a manner that promotes public confidence in the
			 independence, integrity, and impartiality of the administrative judiciary and
			 shall avoid impropriety and the appearance of impropriety.
(3)
Avoiding abuse of the prestige of
			 an administrative judicial position.
A presiding officer shall not
			 abuse the prestige of the administrative judicial position to advance the
			 personal or economic interests of the presiding officer or others, or allow
			 others to do so.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 15 - Iowa Code of Administrative Judicial Conduct › Rule 481-15.2 - Canon 2

Current through Register Vol. 47, No. 3, July 24, 2024
A presiding officer shall perform administrative judicial
				duties impartially, competently, and diligently.
(1)
Giving precedence to
			 administrative judicial duties.
The administrative judicial duties, as
			 prescribed by law, shall take precedence over all of a presiding officer's
			 personal and extrajudicial activities.
(2)
Impartiality and
			 fairness.
A presiding officer shall uphold and apply the law, and
			 shall perform all administrative judicial duties fairly and
			 impartially.
(3)
Bias,
			 prejudice, and harassment.
a. A
			 presiding officer shall perform all administrative judicial and other duties
			 without bias or prejudice.
b. A
			 presiding officer shall not, in the performance of administrative judicial
			 duties, by words or conduct manifest bias or prejudice or engage in harassment,
			 including but not limited to bias, prejudice, or harassment based upon race,
			 sex, gender, religion, national origin, ethnicity, disability, age, sexual
			 orientation, marital status, socioeconomic status, or political affiliation,
			 and shall not permit others subject to the presiding officer's direction and
			 control to do so.
c. A presiding
			 officer shall require lawyers and party representatives in proceedings before
			 the presiding officer to refrain from manifesting bias or prejudice or engaging
			 in harassment, based upon attributes including but not limited to race, sex,
			 gender, religion, national origin, ethnicity, disability, age, sexual
			 orientation, marital status, socioeconomic status, or political affiliation,
			 against parties, witnesses, lawyers, party representatives, or
			 others.
d. The restrictions of
			 paragraphs 15.2(3)
"b "
and
"c "
do not
			 preclude presiding officers, lawyers, or party representatives from making
			 legitimate reference to the listed factors, or similar factors, when they are
			 relevant to an issue in a proceeding.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 15 - Iowa Code of Administrative Judicial Conduct › Rule 481-15.3 - Canon 3

Current through Register Vol. 47, No. 3, July 24, 2024
An administrative law judge shall conduct the administrative
				law judge's personal and extrajudicial activities to minimize the risk of
				conflict with administrative judicial obligations.
(1)
Extrajudicial activities in
			 general.
An administrative law judge may engage in extrajudicial
			 activities, except as prohibited by law or this Code. However, when engaging in
			 extrajudicial activities, an administrative law judge shall not:
a. Participate in activities that will
			 interfere with the proper performance of the administrative law judge's
			 administrative judicial duties;
b.
			 Participate in activities that will lead to frequent disqualification of the
			 administrative law judge;
c.
			 Participate in activities that would appear to a reasonable person to undermine
			 the administrative law judge's independence, integrity, or
			 impartiality;
d. Engage in conduct
			 that would appear to a reasonable person to be coercive; or
e. Make use of agency premises, staff,
			 stationery, equipment, or other resources, except for incidental use for
			 activities that concern the law, the legal system, the provision of legal
			 services, or the administration of justice, or unless such additional use is
			 permitted by law.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 15 - Iowa Code of Administrative Judicial Conduct › Rule 481-15.4 - Canon 4

Current through Register Vol. 47, No. 3, July 24, 2024
An administrative law judge shall not engage in political or
				campaign activity that is inconsistent with the independence, integrity, or
				impartiality of the administrative judiciary.
(1)
Political and campaign activities
			 of administrative law judges.
a.
			 Except as permitted by law, an administrative law judge shall not:
(1) Act as a leader in, or hold an office in,
			 a political organization;
(2) Make
			 speeches on behalf of a political organization;
(3) Publicly endorse or oppose a candidate
			 for any public office;
(4) Solicit
			 funds for, pay an assessment to, or make a contribution to a political
			 organization, a candidate for judicial retention, or a candidate for public
			 office;
(5) Attend or purchase
			 tickets for dinners or other events sponsored by a political organization or a
			 candidate for public office; or
(6)
			 Participate in a precinct caucus, except as provided for in paragraph
			 15.4(1)
"b. "
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 16 - Administrative Electronic Document Management System › Rule 481-16.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter governs the filing of documents through the
				division of administrative hearings' administrative electronic document
				management system (AEDMS). To the extent the rules in this chapter are
				inconsistent with any other administrative rule of the division, the rules in
				this chapter shall govern. Pursuant to Iowa Code section
				10A.802,
				these rules shall prevail over any other law, including Iowa Code chapter 17A,
				or agency rule that specifies the method, manner, or format for sending,
				receiving, serving, retaining, or creating paper records or other documents
				related to a contested case proceeding, including but not limited to a request
				or demand for a contested case proceeding, a notice of hearing, and a proposed
				or final decision.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 16 - Administrative Electronic Document Management System › Rule 481-16.3 - Registration, Username, and Passwords

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Registration.
a.
Registration.
Every
			 individual filing documents or viewing or downloading filed documents in the
			 AEDMS must register as a registered user of AEDMS.
b.
Changes in registered user's
			 contact information.
If a registered user's email address, mailing
			 address, or telephone number changes, the user must promptly make the necessary
			 changes to the registered user's information contained in AEDMS. The registered
			 user shall promptly give notice of changes in contact information to any
			 nonregistered party in every active proceeding in which the registered user is
			 a party.
c.
Duties of
			 registered user.
Each registered user shall ensure that the user's
			 email account information is current, that the account is monitored regularly,
			 and that email notices sent to the account are timely opened.
d.
Division-initiated
			 registration.
The division may complete the registration process on
			 behalf of an individual in certain instances and email the username and
			 password to the user. When the division completes the registration process, the
			 user is required to promptly log in and change the password. Following initial
			 notification regarding account registration, the user is required to promptly
			 update and maintain accurate contact information for the AEDMS
			 account.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 16 - Administrative Electronic Document Management System › Rule 481-16.4 - Electronic Filing Not Mandatory

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Electronic filing not
			 mandatory.
Registration and filing through AEDMS, although encouraged,
			 is not mandatory, and the division shall still accept the traditional filing of
			 paper or other electronic documents as set forth in 481-paragraph
			 10.12(3)
"a."
(2)
What constitutes filing.
The electronic transmission of a
			 document to AEDMS consistent with the procedures specified in these rules,
			 together with the production and transmission of a notice of electronic filing,
			 constitutes filing of the document.
(3)
Electronic file stamp.
Documents filed through AEDMS are officially filed when affixed with an
			 electronic file stamp. Filings so endorsed shall have the same force and effect
			 as documents time-stamped in a nonelectronic manner.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 16 - Administrative Electronic Document Management System › Rule 481-16.5 - Filing of Paper Documents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Conversion of paper or other electronic documents filed.
When
			 a party files a document other than through AEDMS, the division will convert
			 the filed documents to an electronic format viewable to registered users of
			 AEDMS. The original of converted documents need not be retained by the
			 division.
(2)
Form of paper
			 documents.
Each document must be printed on only one side and be
			 delivered to the division with no tabs, staples, or permanent clips but may be
			 organized with paperclips, clamps, or some other type of temporary fastener or
			 may be delivered to the division in an appropriate file folder.