Iowa Code r. 875-84.3 - Informal review

If the appellant requests an informal review and the commissioner does not object, the board may conduct an informal review of the facts and circumstances subject to the provisions of this rule.

(1) In order to preserve the ability of board members to participate in decision making, parties who desire participation in an informal review must therefore waive their right to seek disqualification of a board member based solely on the board member's participation in the informal review. Parties would not be waiving their right to seek disqualification on any other ground. By electing to participate in informal review, a party accordingly agrees that a participating board member is not disqualified from acting as a presiding officer in a later contested case proceeding.

(2) The board may propose a preliminary order at the time of informal review. If a party does not consent to the preliminary order, a party must submit a request to proceed with formal contested case proceedings, including hearing, within ten days of the informal review.

(3) Rules 875-84.4 (17A,89) through 875-84.31 (17A,89) do not apply during informal review.

Notes

Iowa Code r. 875-84.3

ARC 9082B, IAB 9/22/10, effective 10/27/10

ARC 9082B, lAB 9/22/10, effective 10/27/10 Adopted by IAB February 19, 2025/Volume XLVII, Number 17, effective 3/26/2025