Iowa Admin. Code r. 591-17.28

Current through Register Vol. 47, No. 8, October 30, 2024

Rule 591-17.28 - Appeals and review of proposed decision of an administrative law judge

(1)Appeal by party. Any adversely affected party may appeal a proposed decision of a presiding officer to the UST board within 30 days after issuance of the proposed decision.

(2)Review. The UST board may initiate review of a proposed decision on its own motion at any time within 30 days following the issuance of such a decision.

(3)Notice of appeal. An appeal of a proposed decision is initiated by filing a timely notice of appeal with the UST board. The notice of appeal must be signed by the appealing party or a representative of that party and contain a certificate of service.

The notice shall specify:

a. The parties initiating the appeal;

b. The proposed decision or order appealed from;

c. The specific findings or conclusions to which exception is taken and any other exceptions to the decision or order;

d. The relief sought;

e. The grounds for relief.

(4)Requests to present additional evidence. A party may request the taking of additional evidence only by establishing that the evidence is material, that good cause existed for the failure to present the evidence at the hearing, and that the party has not waived the right to present the evidence. A written request to present additional evidence must be filed with the notice of appeal or, by a nonappealing party, within 30 days of service of the notice of appeal. The UST board may remand a case to the presiding officer for further hearing or may itself preside at the taking of additional evidence.

(5)Scheduling. The UST board shall issue a schedule for consideration of the appeal.

(6)Briefs and arguments. Unless otherwise ordered, within 30 days of the notice of appeal, each appealing party may file exceptions and briefs. Within 30 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 UST board may resolve the appeal on the briefs or provide an opportunity for oral argument. The UST board may shorten or extend the briefing period as appropriate.

Iowa Admin. Code r. 591-17.28