Iowa Admin. Code r. 701-7.21 - [Effective until 3/26/2025] Record and transcript
(1) The record in a contested case shall
include:
a. All pleadings, motions, and
rulings;
b. All evidence received
or considered and all other submissions;
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. All orders of the
presiding officer; and
g. The order
of the director on appeal or review.
(2) Oral hearings regarding proceedings on
appeal to or considered on motion of the director which are recorded by
electronic means shall not be transcribed for the record of such appeal or
review unless a party, by written notice, or the director, orally or in
writing, requests such transcription. Such a request must be filed with the
clerk who will be responsible for making the transcript. A transcription will
be made only of that portion of the oral hearing relevant to the appeal or
review, if so requested and if no objection is made by any other party to the
proceeding or the director. Upon request, the department shall provide a copy
of the whole record or any portion of the record at cost. The cost of preparing
a copy of the record or of transcribing the hearing record shall be paid by the
requesting party.
(3) Parties who
request that a hearing be recorded by certified shorthand reporters rather than
by electronic means shall bear the cost of that recording, unless otherwise
provided by law.
(4) Upon issuance
of a proposed decision which leaves no issues open for further consideration or
upon issuance of a closing order, the administrative hearings division shall
promptly forward the record of a contested case proceeding to the director.
However, the administrative hearings division may keep the tapes of any
evidentiary proceeding in case a transcript of the proceeding is required and,
if one is required, the administrative hearings division shall make the
transcription and promptly forward the tapes and the transcription to the
director.
This rule is intended to implement Iowa Code section 17A.12.
Notes
ARC 0251C, IAB 8/8/12, effective 9/12/12; ARC 5940C, IAB 10/6/21, effective 11/10/21
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) The record in a contested case shall include:
a. All pleadings , motions, and rulings;
b. All evidence received or considered and all other submissions;
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. All orders of the presiding officer ; and
g. The order of the director on appeal or review.
(2) Oral hearings regarding proceedings on appeal to or considered on motion of the director which are recorded by electronic means shall not be transcribed for the record of such appeal or review unless a party , by written notice, or the director , orally or in writing, requests such transcription. Such a request must be filed with the clerk who will be responsible for making the transcript. A transcription will be made only of that portion of the oral hearing relevant to the appeal or review, if so requested and if no objection is made by any other party to the proceeding or the director . Upon request, the department shall provide a copy of the whole record or any portion of the record at cost. The cost of preparing a copy of the record or of transcribing the hearing record shall be paid by the requesting party .
(3) Parties who request that a hearing be recorded by certified shorthand reporters rather than by electronic means shall bear the cost of that recording, unless otherwise provided by law.
(4) Upon issuance of a proposed decision which leaves no issues open for further consideration or upon issuance of a closing order, the administrative hearings division shall promptly forward the record of a contested case proceeding to the director . However, the administrative hearings division may keep the tapes of any evidentiary proceeding in case a transcript of the proceeding is required and, if one is required, the administrative hearings division shall make the transcription and promptly forward the tapes and the transcription to the director .
This
Notes
ARC 0251C, IAB 8/8/12, effective 9/12/12; ARC 5940C, IAB 10/6/21, effective 11/10/21