Iowa Admin. Code r. 282-11.8 - Presiding officer
(1) Any
party who wishes to request that the presiding officer assigned to render a
proposed decision be an administrative law judge employed by the department of
inspections, appeals, and licensing must file a written request within 20 days
after service of a notice of hearing that identifies or describes the presiding
officer as the board .
(2) The board
may deny the request only upon a finding that one or more of the following
apply:
a. Neither the board nor any officer of
the board under whose authority the contested case is to take place is a named
party to the proceeding or a real party in interest to that
proceeding.
b. There is a
compelling need to expedite issuance of a final decision in order to protect
the public health, safety, or welfare.
c. An administrative law judge with the
qualifications identified in subrule 11.8(4) is unavailable to hear the case
within a reasonable time.
d. The
case involves significant policy issues of first impression that are
inextricably intertwined with the factual issues presented.
e. The demeanor of the witnesses is likely to
be dispositive in resolving the disputed factual issues.
f. Funds are unavailable to pay the costs of
an administrative law judge and an interagency appeal.
g. The request was not timely
filed.
h. The request is not
consistent with a specified statute.
(3) The board will issue a written ruling
specifying the grounds for its decision within 20 days after a request for an
administrative law judge is filed. If the ruling is contingent upon the
availability of an administrative law judge with the qualifications identified
in subrule 11.8(4), the parties will be notified at least ten days prior to
hearing if a qualified administrative law judge will not be
available.
(4) An administrative
law judge assigned to act as presiding officer in a contested case will have
the following technical expertness unless waived by the board :
a. A Juris Doctor degree.
b. Additional criteria, which may be added by
the board .
(5) Except as
provided otherwise by another provision of law, all rulings by an
administrative law judge acting as presiding officer are subject to appeal to
the board . A party must seek any available intraagency appeal in order to
exhaust adequate administrative remedies.
(6) Unless otherwise provided by law, the
board , when reviewing a proposed decision upon intraagency appeal, will have
the powers of and will comply with the provisions of this chapter that apply to
presiding officers.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Any party who wishes to request that the presiding officer assigned to render a proposed decision be an administrative law judge employed by the department of inspections and appeals must file a written request within 20 days after service of a notice of hearing which identifies or describes the presiding officer as the board .
(2) The board may deny the request only upon a finding that one or more of the following apply:
a. Neither the board nor any officer of the board under whose authority the contested case is to take place is a named party to the proceeding or a real party in interest to that proceeding.
b. There is a compelling need to expedite issuance of a final decision in order to protect the public health, safety, or welfare.
c. An administrative law judge with the qualifications identified in subrule 11.8(4) is unavailable to hear the case within a reasonable time.
d. The case involves significant policy issues of first impression that are inextricably intertwined with the factual issues presented.
e. The demeanor of the witnesses is likely to be dispositive in resolving the disputed factual issues.
f.Funds are unavailable to pay the costs of an administrative law judge and an interagency appeal.
g. The request was not timely filed.
h. The request is not consistent with a specified statute.
(3) The board shall issue a written ruling specifying the grounds for its decision within 20 days after a request for an administrative law judge is filed. If the ruling is contingent upon the availability of an administrative law judge with the qualifications identified in subrule 11.8(4), the parties shall be notified at least 10 days prior to hearing if a qualified administrative law judge will not be available.
(4) An administrative law judge assigned to act as presiding officer in a contested case shall have the following technical expertness unless waived by the board :
a.
A.J.D. degree.
b. Additional criteria may be added by the board .
(5) Except as provided otherwise by another provision of law, all rulings by an administrative law judge acting as presiding officer are subject to appeal to the board . A party must seek any available intra-agency appeal in order to exhaust adequate administrative remedies.
(6) Unless otherwise provided by law, the board , when reviewing a proposed decision upon intra-agency appeal, shall have the powers of and shall comply with the provisions of this chapter which apply to presiding officers.