Iowa Admin. Code r. 641-74.12 - Right to appeal-contract agency
Contract agencies may appeal denial of a contract or the suspension, revocation or reduction of an existing contract.
(1)
Appeal. The appeal shall
be made in writing to the department within ten days of receipt of notification
of the adverse action. Notice is to be addressed to the Director, Division of
comminityHealth, Department of Public Health, Lucas State Office Building, Des
Moines, Iowa 50319-0075.
(2)
Contested case. Upon receipt of an appeal that meets contested
case status, the appeal shall be forwarded within five working days to the DIA
pursuant to the rules adopted by the DIA regarding the transmission of
contested cases. The information upon which the adverse action is based and any
additional information which may be provided by the aggrieved party shall also
be provided to the DIA.
(3)
Hearing. Parties shall receive notice of the hearing in
advance. The administrative law judge shall schedule the time, place and date
of the hearing so that the hearing is held as expeditiously as possible. The
hearing shall be conducted according to the procedural rules of the DIA found
in 481-Chapter 10, Iowa Administrative Code.
(4)
Decision of administrative law
judge. The administrative law judge's decision shall be issued within
60 days from the date of request for hearing. When the administrative law judge
makes a proposed decision and order, it shall be served by certified mail,
return receipt requested, or delivered by personal service. That proposed
decision and order then becomes the department's final decision without further
proceedings ten days after it is received by the aggrieved party unless an
appeal to the director is taken as provided in subrule 76.17(5).
(5)
Appeal to the director
Any appeal to the director for review of the proposed decision and order of the
administrative law judge shall be filed in writing and mailed to the director
by certified mail, return receipt requested, or delivered by personal service
within ten days after the receipt of the administrative law judge's proposed
decision and order by the aggrieved party. A copy of the appeal shall also be
mailed to the administrative law judge. Any request for an appeal shall state
the reason for appeal.
(6)
Record of hearing. Upon receipt of an appeal request, the
administrative law judge shall prepare the record of the hearing for submission
to the director The record shall include the following:
a. All pleadings, motions and
rules.
b. All evidence received or
considered and all other submissions by recording or transcript.
c. A statement of all matters officially
noticed.
d. All questions and
offers of proof, objections and rulings thereon.
e. All proposed findings and
exceptions.
f. The proposed
decision and order of the administrative law judge.
(7)
Decision of director An
appeal to the director shall be based on the record made at the hearing. The
decision and order of the director becomes the department's final decision upon
receipt by the aggrieved party and shall be delivered by certified mail, return
receipt requested, or by personal service.
(8)
Exhausting administrative
remedies. It is not necessary to file an application for a rehearing
to exhaust administrative remedies when appealing to the director or the
district court as provided in Iowa Code section
17A.19. The
aggrieved party to the final decision of the department who has exhausted all
administrative remedies may petition for judicial review of that action
pursuant to Iowa Code chapter 17A. Petition for judicial review must be filed
within 30 days after decision becomes final.
Notes
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