Iowa Code r. 875-5.21 - Decisions of hearing examiner
(1)
Proposed findings of fact, conclusions, and rules or orders.
Within ten days after receipt of notice that the transcript of the testimony
has been filed or such additional time as the hearing examiner may allow, each
party may file with the hearing examiner proposed findings of fact, conclusions
of law, and rule or order, together with supporting briefs served on all other
parties, and refer to all portions of the record and to all authorities relied
upon in support of each proposal.
(2)
Decision. Within a
reasonable time after the time allowed for the filing of proposed findings of
fact, conclusions of law, and rule or order, the hearing examiner will issue a
decision that will be reviewed and countersigned by the commissioner. The
commissioner will serve the decision upon each party, and the decision is final
upon the twentieth day after service thereof. The decision will include:
(1) a statement of findings and conclusions,
with reasons and bases therefor, upon each material issue of fact, law, or
discretion presented on the record, and
(2) the appropriate rule, order, relief or
denial thereof.
(3)
Grant of a special variance. The grant of a special variance
is renewable upon review by the commissioner at six-month intervals beginning
on the date the decision becomes final under subrule 5.21(2). If at the time of
the review the commissioner finds that there has been a change in the standard,
rule, or regulation or a change in the interpretation of such standard, rule or
regulation of the federal agency or the division of labor services affecting or
resolving the conflict on which the special variance was granted, the
commissioner will set the case for an evidentiary hearing in accordance with
rules 875-5.14 (88) through
875-5.21 (88). Enforcement is
stayed during review and hearing procedures under this rule.
Affected employees shall be notified by their employer of a renewal or a refusal to renew by:
(1)
giving a copy of the commissioner's notice to the authorized employee
representative;
(2) posting a copy
of the commissioner's notice at the place or places where notices to employees
are normally posted; and
(3) other
appropriate means.
Notes
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