Iowa Admin. Code r. 497-2.1 - Complaints
(1)
Form. A complaint shall
be written and signed by the person filing the complaint on forms provided by
the board or shall be submitted electronically via the board's website. The
complaint shall allege a violation of Iowa Code chapter 21 or 22; provide
specific facts in support of the allegation, including the identification of
persons and government entity involved in the alleged violation; and provide
the specific relief sought. A complaint involving an injunction under Iowa Code
section 23.5(3) shall be filed and conducted in accordance with the provisions
set out in 497-Chapter 10.
(2)
Board acceptance or dismissal. Upon receipt of a written
complaint alleging a violation of Iowa Code chapter 21 or 22, the board shall
either:
a. Accept the complaint, following a
review of the allegations on their face, having determined that the complaint
is within the board's jurisdiction, appears legally sufficient, and could have
merit; or
b. Dismiss the complaint,
following a review of the allegations on their face, having determined that the
complaint is outside the board's jurisdiction, appears legally insufficient, is
frivolous, is without merit, involves harmless error, or relates to a specific
incident that has previously been disposed of on its merits by the board or a
court.
(3)
Delegation. In order to expedite proceedings, the board may
delegate acceptance or dismissal of a complaint to the executive director,
subject to review by the board. The board's staff may conduct an initial review
of the complaint and obtain more information to assist in the decision to
accept or dismiss the complaint.
(4)
Notice. If the complaint
is accepted, the board shall notify the parties in writing. If the complaint is
dismissed, the board shall notify the complainant in writing and explain its
reasons for dismissal.
(5)
Board review. The board's review of a formal complaint for
legal sufficiency is not a contested case proceeding and shall be made solely
on the facts alleged in the complaint and the results of the initial review
conducted by the board's staff.
This rule is intended to implement Iowa Code section 23.8.
Notes
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