Consideration of an appeal of a decision of the board shall be
a contested case proceeding subject to the provisions of Iowa Code chapter
17A.
(1)
Delivery of
notice. Delivery of the notice of hearing by the secretary constitutes
the commencement of a contested case proceeding. Delivery may be executed by
regular mail. The notice shall be delivered to the applicant, the applicant's
attorney if known, and the assistant attorney general designated to represent
the public interest.
(2)
Contents of notice. The notice of hearing shall contain a
statement of the time, place, and nature of the hearing. The notice shall
contain a statement that it is the applicant's burden to prove each of the
statutory elements relative to the application. The notice shall also contain a
reference to the applicable statute and rules.
(3)
Scope of issues. The
applicant shall prove each of the statutory elements required before the
application may be granted. Denial of an application shall be upheld based on
the applicant's failure to prove any of the statutory elements. When an
applicant has requested accidental disability benefits, the board has the
option of denying accidental disability benefits, but granting ordinary
disability benefits based on the evidence.
(4)
Legal representation.
Following the filing of the notice of hearing, the office of the attorney
general shall be responsible for the legal representation of the public
interest in all proceedings before the board. The public interest, as
referenced in this rule, shall include the responsibility to protect the assets
of the system from applications that do not meet the standards set by the
statute for disability benefits. Any private party to a contested case shall be
entitled to legal representation at the discretion and expense of that
party.
(5)
Presiding
officer. The presiding officer in a contested case shall be an
administrative law judge assigned by the department of inspections and
appeals.
(6)
Procedural
matters. Procedural matters and motions, including, but not limited
to, motions to continue, may be heard and ruled upon by the presiding
officer.
(7)
Service and
filing.
a.
Service-when
required. Except where otherwise provided by law, every document filed
in a contested case proceeding shall be served upon each of the parties of
record to the proceeding, including the assistant attorney general designated
as attorney for the state or the agency, simultaneously with their filing.
Except for the original notice of hearing and an application for rehearing as
provided in Iowa Code section
17A.16, subsection 2, the party
filing a document is responsible for service on all parties.
b.
Service-how made.
Service upon a party represented by an attorney shall be made upon the attorney
unless otherwise ordered. Service is made by personal delivery or by mailing a
copy to the person's last-known address. Service by mail is complete upon
mailing, except where otherwise specifically provided by statute, rule, or
order.
c.
Filing-when
required. After the notice of hearing, all documents in a contested
case proceeding shall be filed with the secretary. All documents that are
required to be served upon a party shall be filed simultaneously with the
secretary.
d.
Filing-when
made. Except where otherwise provided by law, a document is deemed
filed at the time it is delivered to the secretary at the location set forth in
rule
661-400.6 (97A), delivered to an
established courier service for immediate delivery to that office, or mailed by
first-class mail or state interoffice mail to that office, so long as there is
proof of mailing.
e.
Proof
of mailing. Proof of mailing includes either:
(1) A legible United States Postal Service
postmark on the envelope;
(2) A
certified mail return receipt;
(3)
A notarized affidavit; or
(4) A
certification in substantially the following form:
I certify under penalty of perjury and pursuant to the laws of
Iowa that, on (date of mailing), I mailed copies of (describe document)
addressed to the Secretary of the Board of Trustees, Iowa Department of Public
Safety, Peace Officers' Retirement System, State Public Safety Headquarters
Building, 215 East 7th Street, Des Moines, Iowa 50319, and to the names and
addresses of the parties listed below by depositing the same in (a United
States post office mailbox with correct postage properly affixed or state
interoffice mail).
(Date)
(Signature)
[Editorial change: IAC Supplement 6/17/09]
