Iowa Admin. Code r. 761-620.4 - Hearings and appeals
(1)
Contested case hearing.
a. A
person may request a contested case hearing by checking the appropriate box on
Form 432018 and submitting it to the department or by submitting a written
request to the director of the motor vehicle division. The request shall
include the person's name, date of birth, driver's license number, complete
address and telephone number.
b. A
request for a hearing to contest the denial of a temporary restricted license
or to contest the restrictions may be submitted at any time.
c. A request for a hearing to contest a
revocation shall be submitted within ten days after receipt of the revocation
notice. The request shall be deemed timely submitted if it is delivered to the
director of the motor vehicle division or properly addressed and postmarked
within this time period.
d. Failure
to timely request a hearing on a revocation is a waiver of the right to a
hearing under Iowa Code chapter 321J, and the revocation shall become effective
on the date specified in the revocation notice.
e. After a hearing, a written decision will
be issued by the presiding officer.
(2)
Appeal. A decision by a
presiding officer shall become the final decision of the department and shall
be binding on the department and the person who requested the hearing unless
either appeals the decision in accordance with this subrule.
a. The appeal shall be decided on the basis
of the record made before the presiding officer in the contested case hearing
and no additional evidence shall be presented.
b. The appeal shall include a statement of
the specific issues presented for review and the precise ruling or relief
requested.
c. An appeal of the
presiding officer's decision shall be submitted in writing by sending the
original and one copy of the appeal to the director of the motor vehicle
division.
d. An appeal shall be
deemed timely submitted if it is delivered to the director of the motor vehicle
division or properly addressed and postmarked within ten days after receipt of
the presiding officer's decision.
e. The director of the motor vehicle division
shall forward the appeal to the director of transportation. The director of
transportation may affirm, modify or reverse the decision of the presiding
officer, or may remand the case to the presiding officer.
f. Failure to timely appeal a decision shall
be considered a failure to exhaust administrative remedies.
(3)
Final agency
action. The decision of the director of transportation shall be the
final decision of the department and shall constitute final agency action for
purposes of judicial review. No further steps are necessary to exhaust
administrative remedies.
(4)
Default.
a. If a party fails
to appear or participate in a contested case proceeding after proper service of
notice, the presiding officer may, if no continuance is granted, either enter a
default decision or proceed with the hearing and render a decision in the
absence of the party.
b. Any party
may move for default against a party who has requested the contested case
proceeding and who has failed to appear after proper service.
c. A default decision or a decision rendered
on the merits after a party has failed to appear or participate in a contested
case proceeding becomes final agency action unless, within ten days after
receipt of the decision, either a motion to vacate is filed and served on the
presiding officer and the other parties or an appeal of a decision on the
merits is timely submitted in accordance with subrule 620.4(2). A motion to
vacate must state all facts relied upon by the moving party which establish
that good cause existed for that party's failure to appear or
participate.
d. The time for
further appeal of a decision for which a timely motion to vacate has been filed
is stayed pending a decision on the motion to vacate.
e. Timely filed motions to vacate shall be
granted only for good cause shown. The burden of proof is on the moving party.
Adverse parties shall have ten days to respond to a motion to vacate.
f. "Good cause" for the purpose of this rule
means surprise, excusable neglect or unavoidable casualty.
g. A decision denying a motion to vacate is
subject to further appeal in accordance with subrule 620.4(2).
h. A decision granting a motion to vacate is
subject to interlocutory appeal by the adverse party in accordance with subrule
620.4(2).
i. If a motion to vacate
is granted and no timely interlocutory appeal has been taken, the presiding
officer shall issue another notice of hearing and the contested case shall
proceed accordingly.
(5)
Petition to reopen a hearing.
a. A petition to reopen a hearing pursuant to
Iowa Code section
17A.16
shall be submitted in writing to the director of the motor vehicle division. If
a petition is based on a court order, a copy of the court order shall be
submitted with the petition. If a petition is based on new evidence, the
petitioner shall submit a concise statement of the new evidence and the
reason(s) for the unavailability of the evidence at the original
hearing.
b. A petition to reopen a
hearing may be submitted at any time even if a hearing to contest the
revocation was not originally requested or held.
c. A person may appeal a denial of the
petition to reopen. The appeal shall be deemed timely if it is delivered to the
director of the motor vehicle division or properly addressed and postmarked
within 20 days after issuance of the decision denying the petition to
reopen.
Notes
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