Iowa Admin. Code r. 441-7.12

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 441-7.12 - [Effective 7/3/2024] Final decisions

(1)No appeal or denial of director review. If there is no timely appeal from or review of the proposed decision, the presiding officer's proposed decision becomes the final decision of the agency.

(2)Timelines.

a. The department or director will issue a final decision within the timelines prescribed by federal or state law. For all appeals for which there is no federal or state timeliness standard, the department or director will issue a final decision on or before the ninetieth day from the date the department receives an appeal request.

b. Except as otherwise provided by state or federal law, the time frames for a final decision provided under this rule may be tolled when:

(1) The appellant requests a delay;

(2) The appellant fails to take a required action; or

(3) There is an administrative or other emergency beyond the department's control.

c. DIAL shall document in the record the reasons for any delay and the requesting party.

(3)Written notice of final decision. The parties to the appeal shall be provided written notice of the department's final decision. The department shall also notify the appellant of the appellant's right to seek judicial review, where applicable.

Iowa Admin. Code r. 441-7.12

Amended by IAB March 11, 2020/Volume XLII, Number 19, effective 4/15/2020

Adopted by IAB May 29, 2024/Volume XLVI, Number 25, effective 7/3/2024