Iowa Admin. Code r. 441-7.3

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 441-7.3 - When a contested case hearing will be granted

(1)Requirements. A person shall be granted a contested case hearing if the party-in-interest fulfills all of the following requirements:

a. The party-in-interest is entitled to a contested case hearing;

b. The party-in-interest has an ongoing, specific and personal interest in the outcome of the contested case hearing; and

c. The party-in-interest meets all of the other requirements contained in these rules.

(2)Refusal to process an application. Unless otherwise provided by law, when an appellant seeks a contested case hearing after the department refuses to process an application for benefits or services, a hearing shall be granted.

(3)When a hearing is not granted. A hearing shall not be granted when one of the following issues is appealed:

a. Patient treatment interventions outlined in the patient handbook of the civil commitment unit for sexual offenders.

b. Children have been removed from or placed in a specific foster care setting or preadoptive placement.

c. A final decision from a previous hearing with a presiding officer has been implemented.

(4)Contractual rights not subject to contested case hearing. Unless otherwise provided by law, when an appellant seeks a contested case hearing of an issue predicated upon or governed by the terms of a contract between appellant and another party, including the department, a contested case hearing shall not be provided.

(5)Change in law. A contested case hearing shall not be granted when the sole issue raised is a federal or state law requiring an automatic change adversely affecting some or all beneficiaries to an assistance program.

(6)Competitive procurement bid appeals. Competitive procurement bid appeals shall be adjudicated pursuant to Division II of this chapter.

Iowa Admin. Code r. 441-7.3

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

Amended by IAB June 29, 2022/Volume XLIV, Number 26, effective 9/1/2022

Amended by IAB February 8, 2023/Volume XLV, Number 16, effective 4/1/2023

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