(1) An appeal may be withdrawn at any time
prior to the issuance of a decision upon the request of the appellant and with
the approval of a presiding officer. Requests for withdrawal may be made in
writing or orally, provided the oral request is recorded by a presiding
officer.
An appeal may be dismissed upon the request of a party or in
the agency's discretion when the issue or issues on appeal have been resolved
in the appellant's favor.
(2) A hearing may be postponed by the
presiding officer for reasons stated in 481-subrule 10.17(3), either upon the
presiding officer's own motion or upon the request of any party in interest. A
party's request for postponement should be made not less than three days prior
to the scheduled hearing and may be in writing or oral, provided the oral
request is recorded by the presiding officer. A party shall not be granted more
than one postponement except in the case of extreme emergency.
(3) For good cause shown, the presiding
officer may reopen the record, and with notice to all parties, schedule another
hearing.
"Good cause," for purposes of this rule, is
defined as an emergency circumstance that is beyond the control of the party
and that prevents the party from being able to participate in the hearing.
Examples of good cause include but are not limited to death, sudden illness, or
accident involving the party or the party's immediate family (spouse, partner,
children, parents, siblings) or other circumstances evidencing an emergency
situation that was beyond the party's control and was not reasonably
foreseeable.
Examples of circumstances that do not constitute good cause
include but are not limited to a lost or misplaced notice of hearing, confusion
as to the date and time for the hearing, failure to follow the directions on
the notice of hearing, oversleeping, or other acts demonstrating a lack of due
care by the party.
(4) If
necessary, the presiding officer may hear, ex parte, additional information
regarding the request for reopening. The granting or denial of such a request
may be used as grounds for appeal to the employment appeal board of the
department of inspections, appeals, and licensing upon the issuance of the
presiding officer's final decision in the case.
(5) If good cause for reopening has not been
shown, the presiding officer may make a decision based upon whatever evidence
is properly in the record or, in appropriate cases, may enter default as set
forth in rule
871-26.13 (17A,96).
Notes
Iowa Code r.
871-26.7
ARC 8688C, IAB
12/25/24, effective 1/29/25
Adopted by
IAB
December 25, 2024/Volume XLVII, Number 13, effective
1/29/2025
