Iowa Admin. Code r. 441-7.9 - [Effective until 3/26/2025] Miscellaneous rules governing contested case hearings
(1)
Ex parte communication. Ex parte communications between the
presiding officer and person or party in connection with any issue of fact or
law in the contested case proceeding is prohibited except as permitted by Iowa
Code section 17A.17. All of the provisions of
Iowa Code section 17A.17 apply.
(2)
Default. If a party fails to appear at a scheduled hearing or
prehearing conference without good cause as determined by the presiding
officer, the party's appeals may be denied and dismissed or may be heard and
ruled upon, consistent with Iowa Code section
17A.12(3).
Defaulting parties may file a timely motion to vacate, which shall be granted
if the presiding officer determines good cause has been shown.
(3)
Withdrawal. An appellant
may submit a withdrawal of a fair hearing request at any time prior to hearing
through any of the methods identified in subrule 7.5(1), except for programs
listed in subrule 7.5(4). For programs listed in subrule 7.5(4), a written
request may be submitted via the department's website, by mail, in person, or
through other commonly available electronic means (such as email or facsimile).
Unless otherwise provided, a withdrawal shall be with prejudice.
(4)
Medical assessment. For
Medicaid enrollees engaged in an appeal involving medical issues, the
department may request, at the department's own expense, that the appellant
submit to an appropriate medical assessment. The presiding officer shall order
such assessment upon sufficient showing of necessity.
(5)
Standard of review. In
child abuse appeals, the criteria and level of deference by which the presiding
officer shall render a decision is based on a preponderance of
evidence.
(6)
Interpreters. The department shall provide translation and
interpretation services to appellants, if requested. In all cases when an
appellant is illiterate or semiliterate, the presiding officer shall advise the
appellant of the appellant's rights to the satisfaction of the appellant's
understanding.
(7)
Persons
living with disabilities. Persons living with disabilities shall be
provided assistance through the use of auxiliary aids and services at no cost
to the individual in accordance with the Americans with Disabilities Act (as
amended to December 31, 2023) and Section 504 of the Rehabilitation Act (as
amended, effective October 1, 2016).
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) Ex parte communication. Ex parte communications between the presiding officer and person or party in connection with any issue of fact or law in the contested case proceeding is prohibited except as permitted by Iowa Code section 17A.17. All of the provisions of Iowa Code section 17A.17 apply.
(2) Default. If a party fails to appear at a scheduled hearing or prehearing conference without good cause as determined by the presiding officer , the party's appeals may be denied and dismissed or may be heard and ruled upon, consistent with Iowa Code section 17A.12(3). Defaulting parties may file a timely motion to vacate, which shall be granted if the presiding officer determines good cause has been shown.
(3) Withdrawal. An appellant may submit a withdrawal of a fair hearing request at any time prior to hearing through any of the methods identified in subrule 7.5(1), except for programs listed in subrule 7.5(4). For programs listed in subrule 7.5(4), a written request may be submitted via the department's website, by mail, in person, or through other commonly available electronic means (such as email or facsimile). Unless otherwise provided, a withdrawal shall be with prejudice.
(4) Medical assessment. For Medicaid enrollees engaged in an appeal involving medical issues, the department may request, at the department's own expense, that the appellant submit to an appropriate medical assessment. The presiding officer shall order such assessment upon sufficient showing of necessity.
(5) Standard of review. In child abuse appeals, the criteria and level of deference by which the presiding officer shall render a decision is based on a preponderance of evidence.
(6) Interpreters. The department shall provide translation and interpretation services to appellants, if requested. In all cases when an appellant is illiterate or semiliterate, the presiding officer shall advise the appellant of the appellant 's rights to the satisfaction of the appellant 's understanding.
(7) Persons living with disabilities. Persons living with disabilities shall be provided assistance through the use of auxiliary aids and services at no cost to the individual in accordance with the Americans with Disabilities Act (as amended to December 31, 2023) and Section 504 of the Rehabilitation Act (as amended, effective October 1, 2016).