Iowa Admin. Code r. 657-35.25 - Hearing procedures in contested cases
(1)
Presiding officer. The
presiding officer shall be in control of the proceedings and shall have the
authority to administer oaths and to admit or exclude testimony or evidence and
shall rule on all motions and objections. The board may request that an
administrative law judge assist the board by performing any of these
functions.
(2)
Panel of
specialists. When, in the opinion 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)
Right of
participation or representation. An applicant or respondent has the
right to participate or to be represented in all hearings related to the
party's case. Partnerships, corporations, or associations may be represented by
any member, officer, director, or duly authorized agent. Any applicant or
respondent may be represented by an attorney at the party's own
expense.
(4)
Objections. All objections shall be timely made and stated on
the record.
(5)
Rights of
all parties. Subject to terms 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, submit briefs, and
engage in oral argument.
(6)
Disorderly conduct. The presiding officer shall maintain the
decorum of the hearing and may refuse to admit or may expel anyone whose
conduct is disorderly.
(7)
Sequestering witnesses. Witnesses may be sequestered during
the hearing.
(8)
Appeal of
administrative law judge rulings. All rulings by an administrative law
judge who acts either as presiding officer or as an aid to the board are
subject to appeal to the board. While a party may seek immediate board review
of rulings made by an administrative law judge when the administrative law
judge is sitting with and acting as an aid to the board or panel of specialists
during a hearing, such immediate review is not required to preserve error for
judicial review.
(9)
Conduct of hearing. 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. 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 board members and administrative law judge have the
right to question a witness. The presiding officer may limit questioning in a
manner consistent with law;
e. When
all parties and witnesses have been heard, parties may be given the opportunity
to present final arguments.
(10)
Open/closed hearing and
protective order. The hearing shall be open to the public unless the
respondent requests that the hearing be closed, in accordance with Iowa Code
section
272C.6(1).
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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