Iowa Admin. Code r. 351-11.26

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

Rule 351-11.26 - Board review

(1)Statement of exceptions. Within 14 days after issuance of a proposed decision, any party may serve a statement of exceptions taken with the proposed decision, if any, together with a brief and argument, if any, by delivery of the original and five copies of each document to the board's legal counsel, and shall also serve copies to the opposing party. This time requirement may be extended by stipulation of the parties and approval by the presiding officer

(2)Request for oral argument. At the time designated for filing briefs and arguments, either party may request oral argument. The board may complete its review on the briefs or may grant an opportunity for oral argument. If a request for oral argument is granted or such is required by the board on its own motion, the board's legal counsel shall notify all parties of the date, time, and place. The chairperson or the chairperson's designee shall preside at the oral argument and determine the procedural order of the proceedings.

(3)Record on review. The record on review shall be the entire record made before the hearing panel or presiding officer.

(4)Additional evidence. A written request to present additional evidence must be filed within 14 days of issuance of the proposed decision. The board may remand a case to the presiding officer for further hearing or may itself preside at the taking of additional evidence.

(5)Final decision. The board's decision on review of a proposed decision is a final decision.

Iowa Admin. Code r. 351-11.26