Iowa Admin. Code r. 187-11.27 - Appeals and review
(1)
Appeal by party . Any
adversely affected party may appeal a proposed decision to the superintendent
within 30 days after issuance of the proposed decision. Such an appeal is
required to exhaust administrative remedies and is a jurisdictional
prerequisite to seeking judicial review.
(2)
Review. The
superintendent may initiate review of a proposed decision on the
superintendent's own motion at any time within 30 days following the issuance
of such a decision.
(3)
Notice of appeal. An appeal of a proposed decision is
initiated by filing a timely notice of appeal with the division of banking. The
notice of appeal must be signed by the appealing party or a representative of
that party and contain a certificate of service. The notice shall specify:
a. The parties initiating the
appeal;
b. The proposed decision or
order appealed from;
c. The
specific findings or conclusions to which exception is taken and any other
exceptions to the decision or order;
d. The relief sought;
e. The grounds for relief.
(4)
Requests to present
additional evidence. A party may request the taking of additional
evidence only by establishing that the evidence is material, that good cause
existed for the failure to present the evidence at the hearing, and that the
party has not waived the right to present the evidence. A written request to
present additional evidence must be filed with the notice of appeal or, by a
nonappealing party , within 14 days of service of the notice of appeal. The
superintendent may remand a case to the presiding officer for further hearing
or may personally preside at the taking of additional evidence.
(5)
Scheduling. The division
shall issue a schedule for consideration of the appeal.
(6)
Briefs and arguments.
Unless otherwise ordered, within 20 days of the notice of appeal or order for
review, each appealing party may file exceptions and briefs. Within 20 days
thereafter, any party may file a responsive brief. Briefs shall cite any
applicable legal authority and specify relevant portions of the record in that
proceeding. Written requests to present oral argument shall be filed with the
briefs.
The superintendent may resolve the appeal on the briefs or provide an opportunity for oral argument. The superintendent may shorten or extend the briefing period as appropriate.
Notes
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