(1) An appeal
under this chapter is started by filing an affidavit, unless an affidavit is
not obligated by the statute establishing the right of appeal. The affidavit is
to set forth the facts, any error complained of, or the reasons for the appeal
in a plain and concise manner and be signed by the appellant. The affidavit is
to be delivered to the office of the director by United States Postal Service,
facsimile (fax), electronic mail, or personal service. The affidavit is
considered filed with the agency on the date of the United States Postal
Service postmark, the date of arrival of the facsimile, the date of arrival of
the electronic mail message, or the date personal service is made. Time will be
computed as provided in Iowa Code section
4.1(34).
(2) The director or designee, within five
days after the filing of such affidavit, will notify the proper officer in
writing of the taking of an appeal. The officer, within ten days, will file
with the board a complete certified transcript of the record and proceedings
related to the decision appealed. A certified copy of the minutes of the
meeting of the governmental body making the decision appealed will satisfy this
rule.
(3) The
director or designee
will send written notice by certified mail, return receipt requested, at least
ten days prior to the hearing, unless the ten-day period is waived by all
parties, to all persons known to be interested. Such notice includes the time,
place, and nature of the hearing; a statement of the legal authority and
jurisdiction under which the hearing is to be held; a reference to the
particular sections of the statutes and rules involved; and a short and plain
statement of the matters asserted. A copy of the appeal hearing rules will be
included with the notice.
The notice of hearing will contain the following information:
identification of all parties including the name, address and telephone number
of the person who will act as advocate for the agency or the state and of
parties' counsel where known; reference to the procedural rules governing
conduct of the contested case proceeding; reference to the procedural rules
governing informal settlement; and identification of the presiding officer, if
known (if not known, a description of who will serve as presiding officer
(e.g., director of the department or administrative law judge from the
department of inspections, appeals, and licensing)).
(4) An amendment to the affidavit of appeal
may be made by the appellant up to ten working days prior to the hearing. With
the agreement of all parties, an amendment may be made until the hearing is
closed to the receipt of evidence.
