Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 401 - Peace Officers' Retirement, Accident, and Disability System-administrative Procedures › Rule 661-401.301 - Contested Case Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
Consideration of an appeal of a decision of the board shall be
				a contested case proceeding subject to the provisions of Iowa Code chapter
				17A.
(1)
Delivery of
			 notice.
Delivery of the notice of hearing by the secretary constitutes
			 the commencement of a contested case proceeding. Delivery may be executed by
			 regular mail. The notice shall be delivered to the applicant, the applicant's
			 attorney if known, and the assistant attorney general designated to represent
			 the public interest.
(2)
Contents of notice.
The notice of hearing shall contain a
			 statement of the time, place, and nature of the hearing. The notice shall
			 contain a statement that it is the applicant's burden to prove each of the
			 statutory elements relative to the application. The notice shall also contain a
			 reference to the applicable statute and rules.
(3)
Scope of issues.
The
			 applicant shall prove each of the statutory elements required before the
			 application may be granted. Denial of an application shall be upheld based on
			 the applicant's failure to prove any of the statutory elements. When an
			 applicant has requested accidental disability benefits, the board has the
			 option of denying accidental disability benefits, but granting ordinary
			 disability benefits based on the evidence.
(4)
Legal representation.
Following the filing of the notice of hearing, the office of the attorney
			 general shall be responsible for the legal representation of the public
			 interest in all proceedings before the board. The public interest, as
			 referenced in this rule, shall include the responsibility to protect the assets
			 of the system from applications that do not meet the standards set by the
			 statute for disability benefits. Any private party to a contested case shall be
			 entitled to legal representation at the discretion and expense of that
			 party.
(5)
Presiding
			 officer.
The presiding officer in a contested case shall be an
			 administrative law judge assigned by the department of inspections and
			 appeals.
(6)
Procedural
			 matters.
Procedural matters and motions, including, but not limited
			 to, motions to continue, may be heard and ruled upon by the presiding
			 officer.
(7)
Service and
			 filing.
a.
Service-when
			 required.
Except where otherwise provided by law, every document filed
			 in a contested case proceeding shall be served upon each of the parties of
			 record to the proceeding, including the assistant attorney general designated
			 as attorney for the state or the agency, simultaneously with their filing.
			 Except for the original notice of hearing and an application for rehearing as
			 provided in Iowa Code section
			 17A.16,
			 subsection 2, the party filing a document is responsible for service on all
			 parties.
b.
Service-how
			 made.
Service upon a party represented by an attorney shall be made
			 upon the attorney unless otherwise ordered. Service is made by personal
			 delivery or by mailing a copy to the person's last-known address. Service by
			 mail is complete upon mailing, except where otherwise specifically provided by
			 statute, rule, or order.
c.
Filing-when required.
After the notice of hearing, all
			 documents in a contested case proceeding shall be filed with the secretary. All
			 documents that are required to be served upon a party shall be filed
			 simultaneously with the secretary.
d.
Filing-when made.
Except
			 where otherwise provided by law, a document is deemed filed at the time it is
			 delivered to the secretary at the location set forth in rule
			 661-400.6
			 (97A), delivered to an established courier service for immediate delivery to
			 that office, or mailed by first-class mail or state interoffice mail to that
			 office, so long as there is proof of mailing.
e.
Proof of mailing.
Proof
			 of mailing includes either:
(1) A legible
			 United States Postal Service postmark on the envelope;
(2) A certified mail return
			 receipt;
(3) A notarized affidavit;
			 or
(4) A certification in
			 substantially the following form:
I certify under penalty of perjury and pursuant to the laws of
				Iowa that, on (date of mailing), I mailed copies of (describe document)
				addressed to the Secretary of the Board of Trustees, Iowa Department of Public
				Safety, Peace Officers' Retirement System, State Public Safety Headquarters
				Building, 215 East 7th Street, Des Moines, Iowa 50319, and to the names and
				addresses of the parties listed below by depositing the same in (a United
				States post office mailbox with correct postage properly affixed or state
				interoffice mail).
(Date)
(Signature)
[Editorial change: IAC Supplement 6/17/09]