Iowa Admin. Code r. 193-7.32 - Appeals and review
(1)
Proposed decision. Decisions issued by a panel of less than a
quorum of the board or by an administrative law judge are proposed decisions.
All licensee disciplinary decisions are obligated to be issued by the board . A
proposed disciplinary decision issued by a panel of the board will need to be
acted upon by the full board in order to become a final decision. In
nondisciplinary cases, a proposed decision issued by a panel of the board or an
administrative law judge becomes a final decision if not timely appealed by any
party or reviewed by the board .
(2)
Appeal by party . Any adversely affected party may appeal a
proposed decision to the board 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.
(3)
Review. The board may
initiate review of a proposed decision on its own motion at any time within 30
days following the issuance of such a decision.
(4)
Notice of appeal. An
appeal of a proposed decision is initiated by filing a timely notice of appeal
with the board . The notice of appeal needs to be signed by the appealing party
or a representative of that party and contain a certificate of service. The
notice will specify:
a. The parties initiating
the appeal;
b. The proposed
decision or order that is being appealed;
c. The specific findings or conclusions to
which exception is taken and any other exceptions to the decision or
order;
d. The relief sought;
and
e. The grounds for
relief.
(5)
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 will need to be
filed with the notice of appeal or by a nonappealing party within 14 days of
service of the notice of appeal. The board may remand a case to the presiding
officer for further hearing or may itself preside at the taking of additional
evidence.
(6)
Scheduling. The board will issue a schedule for consideration
of the appeal.
(7)
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 will cite any applicable legal authority and specify relevant portions
of the record in that proceeding. Written requests to present oral argument
will be filed with the briefs. The board may resolve the appeal on the briefs
or provide an opportunity for oral argument. The board may shorten or extend
the briefing period as appropriate.
(8)
Record. The record on
appeal or review will be the entire record made before the hearing panel or
administrative law judge.
Notes
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