Iowa Admin. Code r. 561-7.17
Current through Regsiter Vol. 46, No. 26, June 12, 2024
Rule 561-7.17 - Posthearing procedures and orders(1)Filing by parties of briefs and proposed findings. Within 30 days after the last evidence is taken, each party may file with the presiding officer proposed findings of fact, conclusions of law, a proposed order or decision complying with subrule 7.17(3), and a supporting brief. Each party may, within the same period, file with the presiding officer a brief concerning any relevant matters at the hearing. Copies of these documents shall be served upon each of the other parties. Within 20 days thereafter, each party may file a brief which takes specific exception to matters contained in an opposing brief or which contains alternative findings of fact, conclusions of law, and proposed order. The briefing schedule, including waiver of briefs, shall be determined at the close of the hearing.(2)Final decision or order.a. When the agency presides at the reception of evidence, the decision of the agency is a final decision.b. When the agency does not preside at the reception of evidence, the presiding officer shall make a proposed decision. The proposed decision or order of the presiding officer becomes the final decision or order of the agency without further proceedings unless there is an appeal to, or review on motion of, the agency within the time provided in paragraph 7.17(5)"a."(3)Decisions and orders.a.By whom prepared. The presiding officer who presided at the reception of evidence shall prepare a proposed or final decision or order in each case. Findings of fact shall be prepared by the officer presiding at the reception of the evidence in a case unless the presiding officer becomes unavailable. If the officer is unavailable, the findings of fact may be prepared by another person qualified to be a presiding officer who has read the record, unless demeanor of witnesses is a substantial factor. If demeanor is a substantial factor and the presiding officer is unavailable, the portions of the hearing involving demeanor shall be heard again or the case shall be dismissed.b.Content of decision or order. The proposed or final decision or order shall: (1) Be in writing or stated in the record.(2) Include findings of fact. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of underlying facts supporting the findings. If a party submitted proposed findings of fact in accordance with subrule 7.17(1), the decision or order shall include a ruling upon each proposed finding. The decision shall include an explanation as to why the relevant evidence in the record supports each material finding of fact.(3) Include conclusions of law, supported by cited authority or reasoned opinion.c.Delivery. A copy of the proposed decision or order shall be delivered to the parties either by personal service or by certified mail, return receipt requested.(4)The record.a.Content of record. The record shall include:(1) All pleadings, motions and intermediate rulings;(2) All evidence received or considered and all other submissions;(3) A statement of all matters officially noticed;(4) All questions and offers of proof and objections and rulings thereon;(5) All proposed findings and exceptions;(6) The decision, opinion or report by the presiding officer.b.By whom prepared. The presiding officer shall prepare the record for each case.(5)Appeal and review. Any adversely affected party may appeal a proposed decision. Except as provided otherwise by another provision of law, all rulings by an administrative law judge acting as presiding officer are subject to appeal to the agency. The agency having jurisdiction shall review the proposed decision. a.Time allowed.(1) Appeal by party. An appeal by a party shall be made to the agency having jurisdiction of the proceeding and shall be taken within 30 days after receipt of the proposed decision or order.(2) Agency decision to review. The agency may initiate review of a proposed decision on its own motion at the next meeting of the relevant commission after the appeal period in subparagraph 7.17(5)"a"(1) has concluded. The agency shall preside in the case of review of a proposed decision of the administrative law judge or appeal board on motion of the agency.b.Notice. Appeal is taken and perfected by filing with the director a timely notice of appeal signed by the appellant or the appellant's attorney. It shall specify the parties taking the appeal and the final decision or order or part thereof appealed. The notice shall set forth, with particularity, the conclusions of law or findings of fact appealed. It shall be the appellant's responsibility to immediately serve the notice of appeal upon all parties of record other than the appellant.c.Request for transcript. A request for a transcript or a copy of the electronic recording of a hearing on a matter appealed shall be made at the time of the filing of a notice of appeal.d.Scheduling. The director shall issue a schedule for consideration of the appeal.e.Briefs and arguments. Unless otherwise ordered, within 20 days of receipt of the notice of appeal or order for review, each appealing party may file exceptions and briefs. Within 20 days thereafter, any party may file a responsive brief. Briefs shall cite any applicable legal authority and specify relevant portions of the record in that proceeding. Written requests to present oral argument shall be filed with the briefs. The agency may resolve the appeal on the briefs or provide an opportunity for oral argument. The agency may shorten or extend the briefing period as appropriate. f.Agency review. On appeal from or review of the proposed decision, the agency has all the power which it would have in initially making the final decision except as it may limit the issues. If the agency limits the issues, notice of this limitation shall be provided in writing to the parties. The agency may reverse or modify any finding of fact if a preponderance of the evidence will support a determination to reverse or modify such a finding, or the agency may reverse or modify any conclusion of law that the agency finds to be in error. When reviewing a proposed decision upon intra-agency appeal, the agency having jurisdiction shall have the powers of and shall comply with the provisions of this chapter which apply to presiding officers, unless otherwise provided by law.(6)Applications for rehearing.a.By whom filed. Any party to a contested case may file an application for rehearing.b.Content of application. The application shall state on whose behalf it is filed, the specific grounds for rehearing, and the relief sought.c.Time of filing. The application for rehearing shall be filed with the director within 20 days after the receipt of the final decision.d.Notice to other parties. A copy of the application for rehearing shall be immediately mailed by the applicant to all parties of record not joining therein.e.Disposition. Any application for rehearing shall be deemed denied unless the agency grants the application within 20 days after its filing.(7)Motion to vacate.a.By whom filed. A motion to vacate may be filed by any party to a contested case.b.Form of motion. A motion to vacate shall be in writing, shall state on whose behalf it is filed, and shall state the specific grounds for relief.c.Time of filing. A motion to vacate must be filed within 30 days after receipt of the final decision.d.Notice to other parties. A copy of the motion to vacate shall be immediately mailed by the moving party to all parties of record not joining therein.e.Granting of motion to vacate. A motion to vacate may be granted if the presiding officer finds that any of the following grounds exist: (1) The moving party experienced unavoidable casualty or misfortune preventing the moving party from participating during the contested case process; or(2) The moving party has material evidence, newly discovered, which could not with reasonable diligence have been discovered and produced at the contested case hearing, and was not discovered within the time for making an application for rehearing under subrule 7.17(6).(8)Stays of agency action.a.When available.(1) Any person appealing an action of the department, other than an emergency action taken pursuant to the provisions of rule 561-7.18 (17A,455A), may petition the presiding officer for a stay of the department's action or a part thereof pending its review. The petition for stay shall state the reasons justifying a stay. Whenever possible, an appellant should seek a stay upon the filing of an appeal. An appellant who fails to promptly file for a stay does so at that party's risk.(2) Any party adversely affected by a final decision or order, other than an emergency order which is governed by rule 561-7.18 (17A,455A), may petition the agency for a stay of the final decision or order pending judicial review. The petition for stay shall be filed with the director within ten days of receipt of the final decision or order, and shall state the reasons justifying a stay. b.When granted. The presiding officer or agency, as appropriate, shall consider the factors listed in Iowa Code section 17A. 19(5)"c" when considering whether to grant a stay.c.Vacation. A stay may be vacated by the issuing authority upon application of the department or any other party.Iowa Admin. Code r. 561-7.17
Amended by IAB July 15, 2020/Volume XLII, Number 2, effective 8/19/2020