Iowa Admin. Code r. 441-7.8 - [Effective 3/26/2025] Contested case hearing procedures
(1)
Method. Contested case
hearings may be conducted via telephone or videoconference. Upon request of a
party to the appeal or order of the presiding officer, the contested case
hearing shall be conducted in person.
(2)
Evidence.
a. The parties to a contested case hearing
may:
(1) Bring witnesses,
(2) Submit competent evidence to establish
all pertinent facts and circumstances,
(3) Present arguments without undue
interference,
(4) Question or
refute any testimony or evidence, including through cross-examination,
and
(5) Respond to evidence and
arguments on all issues.
b. Evidence shall be received or excluded as
provided in Iowa Code section
17A.14.
(3)
Right to counsel.
Parties to an appeal shall be permitted to be represented by counsel at the
parties' own expense.
(4)
Self-represented appellant. The presiding officer shall, at
the officer's discretion, provide reasonable assistance to a self-represented
appellant. The presiding officer must, however, ensure that such assistance
does not impact the independence and fairness of the contested case hearing
process.
(5)
Closed to
public. Contested case hearings are closed to the public, and unless
otherwise provided by state or federal law, only the parties, their
representatives, permissible intervenors, and witnesses may be present for a
contested case hearing in the absence of mutual agreement of the
parties.
(6)
Administration
of appeals. Except as otherwise provided in this chapter or other
applicable federal or state law, discretion in the conduct and administration
of appeals is vested in the contested case hearing presiding officer.
(7)
Contested cases with no factual
dispute. If the parties in a contested case agree that there is no
dispute of material fact, the parties may present all admissible evidence
either by stipulation, or as otherwise agreed, in lieu of an evidentiary
hearing. If an agreement is reached, the parties shall jointly submit a
schedule for submission of the record, briefs and oral arguments to the
presiding officer for approval. If the parties cannot agree, any party may file
and serve a motion for summary judgment pursuant to the rules governing such
motions.
Notes
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