Iowa Admin. Code r. 481-506.14 - Discovery
(1) Discovery
procedures applicable in civil actions are applicable in contested cases, with
the exception of the mandatory disclosure and discovery conference requirements
in Iowa Rules of Civil Procedure 1.500 and 1.507. Unless lengthened or
shortened by these rules, by order of the presiding officer, or by agreement of
the parties, time periods for compliance with discovery will be as provided in
the Iowa Rules of Civil Procedure. Discovery will be served on all parties to
the contested case proceeding but not be filed with the board.
(2) Any motion relating to discovery shall
allege that the moving party has previously made a good-faith attempt to
resolve the discovery issues involved with the opposing party. Motions in
regard to discovery will be ruled upon by the presiding officer. Opposing
parties will be afforded the opportunity to respond within ten days of the
filing of the motion unless the time is shortened as provided by rule. The
presiding officer may rule on the basis of the written motion and any response,
or may order argument on the motion.
(3) Evidence obtained in discovery may be
used in the contested case proceeding if that evidence would otherwise be
admissible in that proceeding.
(4)
The board's investigative file is available to the respondent or applicant upon
request only after the commencement of a contested case and prior to the
resolution of the contested case. A licensee who elects to enter into a
combined statement of charges and settlement agreement is not entitled to
request the investigative file. In accordance with Iowa Code section
272C.6(4),
information contained within an investigative file is confidential and may only
be used in connection with the disciplinary proceedings.
Notes
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(1) Discovery procedures applicable in civil actions are applicable in contested cases. Unless lengthened or shortened by these rules, by order of the presiding officer , or by agreement of the parties, time periods for compliance with discovery will be as provided in the Iowa Rules of Civil Procedure.
(2) Any motion relating to discovery will allege that the moving party has previously made a good-faith attempt to resolve the discovery issues involved with the opposing party . Motions in regard to discovery will be ruled upon by the presiding officer . Opposing parties will be afforded the opportunity to respond within ten days of the filing of the motion unless the time is shortened as provided in subrule 506.14(1). The presiding officer may rule on the basis of the written motion and any response, or may order argument on the motion.
(3) Evidence obtained in discovery may be used in the contested case proceeding if that evidence would otherwise be admissible in that proceeding.