Iowa Admin. Code r. 351-4.61 - Contested case challenge
(1)
Request. If the person accepts administrative resolution of a
matter through the payment of the assessed penalty, the matter shall be closed.
If the person chooses to contest the board's decision to deny the request or
grant a partial waiver of an assessed penalty, the person shall make a written
request for a contested case proceeding within 30 days of being notified of the
board's decision.
(2)
Procedure. Upon timely receipt of a request for a contested
case proceeding, the board shall provide for the issuance of a statement of
charges and notice of hearing. The hearing shall be conducted in accordance
with the provisions of Iowa Code section
68B.32C
and the board's rules. The burden shall be on the board's legal counsel to
prove that a violation occurred.
(3)
Failure to request
hearing. Failure to request a contested case proceeding to appeal the
board's decision on a waiver request is failure to exhaust administrative
remedies for purposes of seeking judicial review in accordance with Iowa Code
chapter 17A and Iowa Code section
68B.33.
This rule is intended to implement Iowa Code section 68B.32A(8).
Notes
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