Iowa Admin. Code r. 441-7.47

Current through Register Vol. 46, No. 24, May 15, 2024

Rule 441-7.47 - Other procedural considerations

(1)Consolidation - severance.

a.Consolidation. The presiding officer may, upon motion by any party or the presiding officer's own motion, consolidate any or all matters at issue in two or more contested case proceedings where:

(1) The matters at issue involve common parties or common questions of fact or law;

(2) Consolidation would expedite and simplify consideration of the issues; and

(3) Consolidation would not adversely affect the rights of parties to those proceedings.

At any time prior to the hearing, any party may on motion request that the matters not be consolidated, and the motion shall be granted for good cause shown.

b.Severance. The presiding officer may, upon motion by any party or upon the presiding officer's own motion, for good cause shown, order any proceeding or portion thereof severed.

(2)Presiding officer. Appeal hearings shall be conducted by an administrative law judge appointed by the department of inspections and appeals.

(3)Rights of appellants during hearings. All rights afforded appellants at rule 441-7.8(17A) shall apply.

Iowa Admin. Code r. 441-7.47

ARC 1206C, IAB 12/11/2013, effective 1/15/2014

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