Iowa Admin. Code r. 481-506.25 - Decisions
(1)
Final
decisions.
a. When a quorum of the
board presides over the reception of the evidence at the hearing, its decision
is a final decision. A final decision of the board is an open record. Final
decisions shall be served on the parties in accordance with rule
481-506.13 (17A).
b. A decision of a hearing panel of the board
of medicine containing alternate members is considered a final decision of the
board in accordance with Iowa Code section
148.2A.
(2)
Proposed decisions.
a.
Panel of specialists for board of
medicine. When a panel of three specialists for the board of medicine
presides over the hearing, the panel shall issue a proposed decision that
includes findings of fact but does not include conclusions of law. A proposed
decision of a panel of specialists, together with a transcript of the
proceedings and the exhibits presented, shall be reviewed by the board within
30 days of the date of the proposed decision was issued and a final decision
issued.
b.
Panel of board
members or administrative law judge. When a panel of three or more
board members or an administrative law judge presides over the hearing, the
panel or administrative law judge shall issue a proposed decision that includes
proposed findings of fact, conclusions of law, and an order. A proposed
decision shall be reviewed by the board within 30 days of the date of the
proposed decision was issued. A proposed decision becomes a final decision
without further proceedings unless appealed in accordance with paragraph
506.25(2)"c."
c.
Appeal of proposed decisions. A proposed decision pursuant to
paragraph 506.25(2)"a" or "b" may be appealed
to the full board by either party by serving on the board administrator, either
in person, by email or by certified mail, a written notice of appeal within
three days after service of the proposed decision on the appealing party.
(1) Following receipt of a notice of appeal,
the board will enter an order establishing a schedule for further proceedings,
which may include submission of briefs and oral argument. The parties shall
serve their briefs on the board and each party.
(2) Oral argument may be heard by the board
and may be waived by the parties. The time granted each party for oral argument
is established by the board.
(3)
The record on appeal includes the entire record made before the presiding
officer. Costs associated with the appeal shall be paid by the appealing
party.
d.
Confidentiality. At no time prior to the release of the final
decision by the board shall a proposed decision be made public or distributed
to any person other than the parties.
e.
Requests to present additional
evidence. A party may request the taking of additional evidence after
the issuance of a proposed decision only by establishing that:
(1) The evidence is material; and
(2) The evidence arose after the completion
of the original hearing; or
(3)
Good cause exists for failure to present the evidence at the original hearing;
and
(4) The party has not waived
the right to present additional evidence.
A written request to present additional evidence must be filed with the notice of appeal or by a nonappealing party within 14 days of service of the notice of appeal. The board may remand a case to the hearing panel or administrative law judge for further hearing or may itself preside at the taking of additional evidence.
Notes
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(1) Who may file. Any party to a contested case proceeding may file an application for rehearing from a final order. The filing of an application for rehearing is not necessary to exhaust administrative remedies for purposes of judicial review.
(2) Content of application. The application for rehearing will state on whose behalf it is filed, the specific grounds for rehearing, and the relief sought. In addition, the application shall state whether the applicant desires reconsideration of all or part of the agency decision on the existing record and whether the applicant requests an opportunity to submit additional evidence.
(3) Additional evidence. A party may request the taking of additional evidence only by establishing that (a) the facts or other evidence arose after the original proceeding, or (b) the party offering such evidence could not reasonably have provided such evidence at the original proceedings, or (c) the party offering the additional evidence was misled by any party as to the necessity for offering such evidence at the original proceeding. A written request to present additional evidence must be filed with the application for rehearing or by a nonappealing party within 14 days of service of the notice of appeal.
(4) Filing deadline. The application will be filed with the board within 20 days after issuance of the final decision.
(5) Notice to other parties. A copy of the application will be timely mailed by the applicant to all parties of record not joining therein.
(6) Disposition. Any application for a rehearing will be deemed denied unless the agency grants the application within 20 days after its filing.
(7) Only remedy. Application for rehearing is the only procedure by which a party may request that the board reconsider a final board decision.
(8) Proceedings. If the board grants an application for rehearing, the board may set the application for oral argument or for hearing if additional evidence will be received. If additional evidence will not be received, the board may issue a ruling without oral argument or hearing. The board may, on the request of a party or on its own motion, order or permit the parties to provide written argument on one or more designated issues. The board may be assisted by an administrative law judge in all proceedings related to an application for rehearing.