Iowa Admin. Code r. 641-9.14 - Formal contest
(1)
Hearing. The hearing shall be conducted according to the
procedural rules of the department of inspections and appeals found in
481-Chapter 10.
(2)
Decision of administrative law judge. 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 agency action without
further proceedings ten days after it is received by the aggrieved party unless
an appeal to the director is taken as provided in 9.14(3).
(3)
Appeal to 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.
(4)
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.
(5)
Decision of director The
decision and order of the director becomes the department's final agency action
upon receipt by the aggrieved party and shall be delivered by certified mail,
return receipt requested, or by personal service.
(6)
Exhausting administrative
remedies. It is not necessary to file an application or a rehearing to
exhaust administrative remedies when appealing to the director or the district
court as provided in Iowa Code section 17A.I9. The aggrieved party to the final
agency action of the department who has exhausted all administrative remedies
may petition for judicial review of that action pursuant to Iowa Code chapter
17A.
(7)
Petition for
judicial review. Any petition for judicial review of a decision and
order shall be filed in the district court within 30 days after the decision
and order becomes final. A copy of the notice of appeal shall be sent to the
director by certified mail, return receipt requested, or by personal service.
The address is: Iowa Department of Public Health, Lucas State Office Building,
321 East 12th Street, Des Moines, Iowa 50319-0075.
Notes
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