Iowa Admin. Code r. 653-25.18 - Hearing procedures
(1)
Hearings are conducted before a quorum of the board . When a sufficient number
of board members are unavailable to hear a contested case , the executive
director, or the executive director's designee, may request alternate members,
as defined in rule
653-1.1 (17A,147) and
Iowa Code sections
148.2A
and
148.7(4),
to serve on the hearing panel. A hearing panel must include at least six
members, at least half of whom must be current board members, and at least half
of whom must be licensed to practice medicine under Iowa Code chapter
148.
(2) When, in the opinion of a
majority of the board, it is desirable to obtain specialists within an area of
practice when holding disciplinary hearings, the board may appoint a panel of
three specialists who are not board members to make findings of fact and to
report to the board. Such findings shall not include any recommendation for or
against licensee discipline.
(3)
The presiding officer shall have the authority to administer oaths, to admit or
exclude testimony or other evidence, and to rule on all motions and objections.
The presiding officer may request that an administrative law judge perform any
of these functions and may be assisted and advised by an administrative law
judge.
(4) All objections shall be
timely made and stated on the record.
(5) Parties have the right to appear
personally and to be represented in all hearings or prehearing conferences
related to their case. Any party may be represented by an attorney at the
party 's own expense.
(6) Subject to
terms and conditions prescribed by the presiding officer , parties have the
right to introduce evidence on issues of material fact, cross-examine witnesses
present at the hearing as necessary for a full and true disclosure of the
facts, present evidence in rebuttal, and submit briefs and engage in oral
argument. Subject to terms and conditions prescribed by the presiding officer ,
parties may present the testimony of witnesses by affidavit, by written or
video deposition, in person, by telephone, or by videoconference.
(7) The presiding officer shall maintain the
decorum of the hearing and may refuse to admit or may expel anyone whose
conduct is disorderly.
(8)
Witnesses may be sequestered during the hearing.
(9) The presiding officer shall have
authority to grant immunity from disciplinary action to a witness as provided
by Iowa Code section
272C.6(3).
(10) The presiding officer shall conduct the
hearing in the following manner:
a. The
presiding officer shall give an opening statement briefly describing the nature
of the proceedings.
b. The parties
shall be given an opportunity to present opening statements.
c. The parties shall present their cases in
the sequence determined by the presiding officer .
d. Each witness shall be sworn or affirmed by
the presiding officer or the court reporter, and be subject to examination and
cross-examination. The presiding officer may limit questioning in a manner
consistent with law.
e. When all
parties and witnesses have been heard, the parties may be given the opportunity
to present final arguments.
(11) The board members and administrative law
judge have the right to question a witness. Examination of witnesses by board
members is subject to properly raised objections.
(12) The hearing shall be open to the public
unless the licensee requests that the hearing be closed. At the request of
either party , or on the board's own motion, the presiding officer may issue a
protective order to protect documents which are privileged or confidential by
law.
Notes
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