Iowa Admin. Code r. 193-7.6

Current through Register Vol. 47, No. 6, September 18, 2024

Rule 193-7.6 - Notice of hearing

(1)Contents of notice of hearing. Unless the hearing is waived, all contested cases will commence with the service of a notice of hearing fixing the time and place for hearing. The notice, including any incorporated or attached statement of charges, will contain those items specified in Iowa Code section 17A.12(2); Iowa Code section 17A.18(3), if applicable; and the following:

a. A statement of the time, place, and nature of the hearing;

b. A statement of the legal authority and jurisdiction under which the hearing is to be held;

c. A reference to the particular sections of the statutes and rules involved;

d. A short and plain statement of the matters asserted;

e. Identification of all parties including the name, address and telephone number of the assistant attorney general designated as prosecutor for the state and the respondent's counsel where known;

f. Reference to the procedural rules governing conduct of the contested case proceeding;

g. Reference to the procedural rules governing informal settlement after charges are filed;

h. Identification of the board or a panel of board members as the presiding officer, or statement that the presiding officer will be an administrative law judge from the department of inspections, appeals, and licensing;

i. If applicable, notification of the time period in which a party may request, pursuant to Iowa Code section 17A.11 and rule 193-7.10 (17A,272C), that the presiding officer be an administrative law judge from the department of inspections, appeals, and licensing;

j. A statement requiring or authorizing the respondent to submit an answer of the type specified in rule 193-7.9 (17A,272C) within 20 days after service of the notice of hearing;

k. If applicable, notification of the licensee's right to request a closed hearing in a licensee disciplinary proceeding;

l. Information on who to contact if, because of a disability, auxiliary aids or services are needed for a party to participate in the matter;

m. If applicable, the date, time, and manner of conduct of a prehearing conference under rule 193-7.21 (17A,272C); and

n. The mailing address and email address for filing with the board and notice of the option of email service as provided in subrule 7.17(6).

(2)Service of notice of hearing. Service of notice of hearing on a licensee to begin a contested case that may affect the licensee's continued licensure, such as a licensee disciplinary case or challenge to the renewal of a license, will be made by personal service as in civil actions, by restricted certified mail, return receipt requested, or by the acceptance of service by the licensee or the licensee's duly authorized legal representative. Service of the notice of hearing to begin all other contested cases may additionally be made by certified mail, return receipt requested.

Iowa Admin. Code r. 193-7.6

Amended by IAB October 12, 2016/Volume XXXIX, Number 08, effective 11/16/2016

Adopted by IAB July 10, 2024/Volume XLVII, Number 1, effective 8/14/2024