Iowa Admin. Code r. 185-10.20 - [Rescinded effective 3/26/2025] Hearing procedures
(1)
Role of presiding officer. The presiding officer presides at
the hearing, and may rule on motions, require briefs, issue a proposed
decision, and issue such orders and rulings as will ensure the orderly conduct
of the proceedings.
(2)
Objections. All objections shall be timely made and stated on
the record.
(3)
Representative of parties. Parties have the right to
participate or to be represented in all hearings related to their case.
Partnerships, corporations, or associations may be represented by any member,
officer, director, or duly authorized agent. Any party may be represented by an
attorney or another person authorized by law.
(4)
Role of parties. 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.
(5)
Decorum of
hearing. The presiding officer shall maintain the decorum of the
hearing and may refuse to admit or may expel anyone whose conduct is
disorderly.
(6)
Sequestering of witnesses. Witnesses may be sequestered during
the hearing.
(7)
Conduct of
hearing. 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.
Notes
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(1) Role of presiding officer . The presiding officer presides at the hearing, and may rule on motions, require briefs, issue a proposed decision , and issue such orders and rulings as will ensure the orderly conduct of the proceedings.
(2) Objections. All objections shall be timely made and stated on the record.
(3) Representative of parties. Parties have the right to participate or to be represented in all hearings related to their case. Partnerships, corporations, or associations may be represented by any member, officer, director, or duly authorized agent. Any party may be represented by an attorney or another person authorized by law.
(4) Role of parties. 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.
(5) Decorum of hearing. The presiding officer shall maintain the decorum of the hearing and may refuse to admit or may expel anyone whose conduct is disorderly.
(6) Sequestering of witnesses. Witnesses may be sequestered during the hearing.
(7) Conduct of hearing. 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.