Iowa Admin. Code r. 351-11.19 - Hearing procedures
(1)
Role of presiding
officer . The presiding officer presides at the hearing and
may rule on motions, require briefs, issue a proposed decision, and
issue such orders and rulings as will ensure the orderly conduct of
the proceedings.
(2)
Objections. All objections shall be timely made and
stated on the record.
(3)
Representation. Parties have the right to
participate or to be represented in all hearings or prehearing
conferences related to their case. Partnerships, corporations, or
associations may be represented by any member, officer, director, or
duly authorized agent. Any party may be represented by an attorney or
another person authorized by law.
(4)
Procedural
rights. Subject to terms and conditions prescribed by the
presiding officer , parties have the right to introduce evidence on
issues of material fact, cross-examine witnesses present at the
hearing as necessary for a full and true disclosure of the facts,
present evidence in rebuttal, and submit briefs and engage in oral
argument. Witnesses may be sequestered during the hearing.
(5)
Decorum. The
presiding officer shall maintain the decorum of the hearing and may
refuse to admit or may expel anyone whose conduct is
disorderly.
(6)
Hearing process. The presiding officer shall conduct
the hearing in the following manner:
a. The presiding officer shall give
an opening statement briefly describing the nature of the
proceedings;
b. The
parties shall be given an opportunity to present opening
statements;
c. Parties
shall present their cases in the sequence determined by the presiding
officer ;
d. Each witness
shall be sworn or affirmed by the presiding officer or the court
reporter, and be subject to examination and cross-examination. The
presiding officer may limit questioning in a manner consistent with
law;
e. When all parties
and witnesses have been heard, parties may be given the opportunity
to present final arguments.
(7)
Proposed order
Within seven days after the closing of the hearing, either party may
file a proposed order for the consideration of the presiding officer,
who may adopt all or part of any proposed order Copies of a proposed
order shall be provided to the opposing party .
Notes
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