Iowa Code r. 501-6.13 - Final decision

(1) When the council presides over the reception of evidence at the hearing, its decision is a final decision.

(2) When the council does not preside over the reception of evidence at the hearing, the presiding officer shall make a proposed decision. The proposed decision becomes the final decision of the council without further proceedings unless there is an appeal to, or review on motion of, the council within the time provided in rule 501-6.14 (80B,17A).

(3) Final decisions shall be served on the affected law enforcement officer using one of the following methods: the same manner as the service of original notice as provided in the Iowa Rules of Civil Procedure; by certified restricted mail, return receipt requested; by signed acknowledgment accepting service; or, when service cannot be accomplished using the aforementioned methods, notice of hearing shall be published once each week for three consecutive weeks in a newspaper of general circulation, published or circulated in the county of last-known residence of the affected law enforcement officer. If the officer is represented by an attorney, the final decision shall be mailed to the attorney. The attorney may waive the requirement to serve the affected law enforcement officer through a written acknowledgment that the attorney is accepting service on behalf of the client.

Notes

Iowa Code r. 501-6.13

ARC 5006C, IAB 3/25/20, effective 4/29/20

Adopted by IAB March 25, 2020/Volume XLII, Number 20, effective 4/29/2020