Iowa Admin. Code r. 871-23.56 - Informal settlement
(1) Pursuant to Iowa
Code chapter 17A, a controversy may, unless precluded by statute, at the
discretion of the department be informally settled by mutual agreement of the
department and the person or employer who is or is about to be engaged in the
controversy. The settlement is effected by a written statement reciting the
subject of the controversy and the proposed solution mutually agreed upon
including a statement of the action to be taken, or to be refrained from, by
each of the parties. The informal settlement constitutes a waiver, by all
parties, of the formalities to which they are entitled under the terms of Iowa
Code chapter 17A, with respect to the specific fact situation comprising the
controversy.
Either party may initiate a proposal for informal settlement of the controversy by communicating a proposal to the other party before the contested hearing is convened.
(2) If the parties agree to a settlement, the
written statement is presented to the administrator of the division of
unemployment insurance services for review and approval.
(3) In the event a settlement is reached in a
case that has been appealed to the courts, the formal settlement will be
presented to the appropriate district court. If an assessment of contributions
or a decision upon which an assessment is based has become final without
appeal, the actual established contribution may be compromised by agreement of
the parties and submission to the district court pursuant to Iowa Code section
96.14(5). Doubtful collectibility as contained in Iowa Code section 96.14(5) includes tax debts that are doubtful as to validity or as to collectibility.
The department is not required to enter into any informal settlement or
compromise with regard to any employer liability determination and may do so at
its own discretion.
This rule is intended to implement Iowa Code sections 96.6(3) and 96.14(7).
Notes
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(1) Pursuant to Iowa Code chapter 17A a controversy may, unless precluded by statute, at the discretion of the department be informally settled by mutual agreement of the department of workforce development and the person or employer who is or is about to be engaged in the controversy with the department. The settlement shall be effected by a written statement reciting the subject of the controversy and the proposed solution mutually agreed upon by the parties including a statement of the action to be taken, or to be refrained from, by each of the parties. The informal settlement shall constitute a waiver, by all parties, of the formalities to which they are entitled under the terms of Iowa Code chapter 17A, with respect to the specific fact situation which is the subject of the controversy.
Either party may initiate a proposal for informal settlement of the controversy by communicating a proposal to the other party before the contested hearing is convened.
(2) If the parties agree to a settlement, the written statement shall be presented to the administrator of the division of unemployment insurance services for review and approval.
(3) In the event a settlement is reached in a case which has been appealed to the courts, then the formal settlement will be presented to the appropriate district court. If an assessment of contributions or a decision upon which an assessment is based has become final without appeal, then the actual established contribution may be compromised by agreement of the parties and submission to the district court pursuant to Iowa Code section 96.14(5). Doubtful collectibility as contained in section 96.14(5) includes tax debts which are doubtful as to validity or as to collectibility. The department is not required to enter into any informal settlement or compromise with regard to any employer liability determination and may or may not do so at its own discretion.