Iowa Admin. Code r. 641-33.24 - Hearing procedures
The
(1)
Examination of
witnesses. All witnesses shall be sworn or affirmed by the presiding
officer or the court reporter and be subject to cross-examination. Board
members and the administrative law judge have the right to examine witnesses at
any stage of a witness's testimony. The presiding officer may limit questioning
in a manner consistent with law.
(2)
Public hearing. The
hearing will be open to the public unless a licensee or licensee 's attorney
requests in writing that a licensee disciplinary hearing be closed to the
public.
(3)
Record of
proceedings. Oral proceedings will be recorded either by mechanical or
electronic means or by certified shorthand reporters. Oral proceedings or any
part thereof will be transcribed at the request of any party with the expense
of the transcription charged to the requesting party . The recording or
stenographic notes of oral proceedings or the transcription will be filed with
and maintained by the board for at least five years from the date of
decision.
(4)
Order of
proceedings. Before testimony is presented, the record will show the
identities of any board members present, the identity of the administrative law
judge, the identities of the primary parties and their representatives, and the
fact that all testimony is being recorded. In contested cases initiated by the
board , such as licensee discipline, hearings will generally be conducted in the
following order, subject to modification at the discretion of the board :
a. The presiding officer or designee may read
a summary of the charges and answers thereto and other responsive pleadings
filed by the respondent prior to the hearing.
b. The assistant attorney general
representing the state's interest before the board may make a brief opening
statement, which may include a summary of charges and the names of any
witnesses and documents to support such charges.
c. Each respondent shall be offered the
opportunity to make an opening statement, including the names of any witnesses
the respondent(s) desires to call in defense. A respondent may elect to make
the opening statement just prior to the presentation of evidence by the
respondent(s).
d. The presentation
of evidence on behalf of the state.
e. The presentation of evidence on behalf of
the respondent(s).
f. Rebuttal
evidence on behalf of the state, if any.
g. Rebuttal evidence on behalf of the
respondent(s), if any.
h. Closing
arguments first on behalf of the state, then on behalf of the respondent(s),
and then on behalf of the state, if any. The order of proceedings will be
tailored to the nature of the contested case . In license reinstatement
hearings, for example, the respondent will generally present evidence first
because the respondent is obligated to present evidence in support of the
respondent's application for reinstatement pursuant to rule
641-33.40 (17A,272C). In license
denial hearings, the state will generally first establish the basis for the
board 's denial of licensure, but thereafter the applicant has the burden of
establishing the conditions for licensure pursuant to rule
641-33.36 (17A,105,272C).
(5)
Decorum. The presiding officer will maintain the decorum of
the hearing and may refuse to admit or may expel anyone whose conduct is
disorderly.
(6)
Immunity. The presiding officer has authority to grant
immunity from disciplinary action to a witness, as provided by Iowa Code
section 272C.6(3), but
only upon the unanimous vote of all members of the board hearing the case. The
official record of the hearing shall include the reasons for granting the
immunity.
(7)
Sequestering
witnesses. The presiding officer , on the officer's own motion or upon
the request of a party , may sequester witnesses.
Notes
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