"Administrative law judge (ALJ)" means the
person who presides over contested cases and other proceedings.
"Agency" means the agency as defined in Iowa
Code subsection 17A.2(1) which
has original subject matter jurisdiction in the contested case.
"Appointing authority" means the appointed or
elected chief administrative head of a department, commission, board,
independent agency, or statutory office or that person's designee or in the
case of gubernatorial appointees, the governor.
"Board" means a licensing board as defined in
Iowa Code chapter 272C.
"Department" means the department of
inspections and appeals (DIA).
"Division " means the division of
administrative hearings in the department of inspections and appeals.
"Exparte " means a communication, oral or
written, to an ALJ or other decision maker in a contested case without notice
and an opportunity for all parties to be heard.
"Filing" is defined in subrule 10.12(3) except
where otherwise specifically defined by law.
"Issuance " means the date of mailing of a
decision or order or date of delivery if service is by other means.
"Party" means a party as defined in Iowa Code
subsection 17A.2(8).
"Personally investigated" means taking
affirmative steps to interview witnesses directly or to obtain documents or
other information directly. The term "personally investigated" does not include
general direction and supervision of assigned investigators, unsolicited
receipt of information which is relayed to assigned investigators, review of
another person's investigative work product in the course of determining
whether there is probable cause to initiate a proceeding, or exposure to
factual information while performing other agency functions, including fact
gathering for purposes other than investigation of the matter which culminates
in a contested case.
"Proposed decision" means the administrative
law judge's recommended findings of fact, conclusions of law, and decision and
order in contested cases where the agency did not preside.
