Iowa Admin. Code r. 351-11.5 - Notice of hearing
(1)
Delivery.
Delivery of the notice of hearing constitutes the commencement of the
contested case proceeding. Delivery may be executed by:
a. Personal service as provided in
the Iowa Rules of Civil Procedure; or
b. Certified mail, return receipt
requested; or
c.
First-class mail, address service requested; or
d. Publication, as provided in the
Iowa Rules of Civil Procedure.
(2)
Contents. The
notice of hearing shall contain the following information:
a. A statement of the time, place,
and nature of the hearing;
b. A statement of the legal
authority and jurisdiction imder which the hearing is to be
held;
c. A reference to
the particular sections of the statutes and rules involved;
d. A short and plain statement of
the matters asserted;
e.
Identification of all parties including the name, address and
telephone number of the person who will serve as the board's counsel
during the proceeding;
f.
Reference to the procedural rules governing conduct of the contested
case proceeding;
g.
Reference to the procedural rules governing informal
settlement;
h.
Identification of the presiding officer ; and
i. Notification of the time period
in which a party may request, pursuant to subrule 11.8(3), that the
presiding officer be an administrative law judge.
(3)
Time. The notice of hearing shall be served:
a. Upon all parties at least 20
days before the scheduled hearing date if the alleged violation
involves conduct other than the failure to timely file a statement,
report, or document that is required to be filed pursuant to a law or
rule imder the board's jurisdiction.
b. Upon all parties at least 10
days before the scheduled hearing date if the alleged violation
involves the failure to timely file a statement, report, or document
that is required to be filed pursuant to a law or rule under the
board's jurisdiction.
c.
Upon all parties at least 10 days before the scheduled hearing date
if the hearing is an appeal of a board decision concerning a civil
penalty waiver request for a late-filed statement, report, or
document that is required to be filed pursuant to a law or rule under
the board's jurisdiction.
d. Upon all parties at least 10
days before the scheduled hearing date if the hearing is an appeal of
a decision of a regulatory agency to deny or grant conditional
consent for an official or employee of the regulatory agency to sell
or lease goods or services as provided in 351-subrule
6.11(6).
e. Upon all
parties at least 10 days before the scheduled hearing date if the
hearing is an appeal of a decision by the office of the governor to
deny or grant conditional consent for a member of the governor's
office to sell or lease goods or services as provided in 351-subrule
6.12(4).
Notes
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