When a statute authorizes action to be taken without a prior
hearing, the commissioner's order shall be sent to the last-known address of
the party by certified mail, return receipt requested, unless the party is a
licensee, in which case the order shall be sent by restricted certified mail.
The order shall include a brief statement of findings of fact, conclusions of
law and policy reasons for the decision; direct the person or insurer to cease
and desist from engaging in the act or practice or to take other affirmative
action as is necessary, in the judgment of the commissioner, to comply with the
statute; and state that the party will be afforded a contested case proceeding
and a hearing if a request is filed with the commissioner at least 30 days from
the date that the order is issued, unless a different time is specified by
statute. The commissioner shall issue a notice of hearing no later than 30 days
from the date of receipt of a timely request for a contested case proceeding
and hearing. If a statute requires a hearing to be held following issuance of a
summary order, the date and time of that hearing shall be set forth in the
order. Summary orders shall remain effective during the pendency of
proceedings.
Notes
Iowa Admin. Code r. 191-3.32
Adopted by
IAB
March 20, 2024/Volume XLVI, Number 19, effective
4/24/2024
