Iowa Admin. Code r. 701-7.37

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

Rule 701-7.37 - Appeals of director's rejection of assessor appointment or reappointment

(1)Written request for appeal. Any assessor or conference board wishing to contest the director's rejection of the conference board's appointment of an assessor under 701-subrule 72.15(4) or reappointment of an assessor under 701-subrule 72.16(3) shall file an appeal, in writing, within 30 days of the director's notice of decision. Any person who does not seek an appeal within 30 days of the director's notice shall be precluded from challenging the director's decision.

(2)Procedures. Appeals will be governed by the procedures set forth in this rule together with the procedures set forth in the following rules:

a. Subrules 7.3(2) and 7.3(3);

b. Rule 701-7.7(17A);

c. Rule 701-7.8(17A);

d. The introductory paragraph of rule 701-7.9 (17A) and subrule 7.9(7);

e. Subrules 7.12(1), 7.12(2), and 7.12(4);

f. Subrule 7.13(1);

g. Subrules 7.14(1) to 7.14(3);

h. Rule 701-7.15(17A);

i. Rule 701-7.16(17A);

j. Rule 701-7.17(17A);

k. Rule 701-7.18(17A);

l. Subrule 7.19(1); subrules 7.19(3) through 7.19(7); subrule 7.19(8), except paragraph 7.19(8)"b" related to costs shall not apply; additionally, Iowa Code section 421.60 shall not apply; subrules 7.19(9) and 7.19(13);

m. Rule 701-7.20(17A);

n. Rule 701-7.21(17A);

o. Rule 701-7.22(17A); and

p. Rule 701-7.23(17A).

(3)Presiding officer. The director shall be the presiding officer in a contested case under this rule. The director may request that an administrative law judge assist and advise the director with any matters related to the contested case proceedings, including but not limited to ruling on any prehearing matters, presiding at the contested case hearing, and issuing orders and rulings.

(4)Contents of the appeal. The appeal shall contain the following in separate numbered paragraphs:

a. A statement of the department action giving rise to the appeal.

b. The date of the department action giving rise to the appeal.

c. Each error alleged to have been committed, listed as a separate paragraph. For each error listed, an explanation of the error and all relevant facts related to the error shall be provided.

d. Reference to the particular statutes, rules, or agreement terms, if known.

e. References to and copies of any documents or other evidence relevant to the appeal.

f. Any other matters deemed relevant to the appeal.

g. A statement setting forth the relief sought.

h. The signature, mailing address, and telephone number of the person or that person's representative.

(5)Burden of proof. The burden of proof is on the party challenging the director's decision under 701-subrule 72.15(4) or 72.16(3).

This rule is intended to implement Iowa Code section 441.6(3) and chapter 17A.

Iowa Admin. Code r. 701-7.37

Adopted by IAB November 18, 2020/Volume XLIII, Number 11, effective 12/23/2020

Amended by IAB November 3, 2021/Volume XLIV, Number 9, effective 12/8/2021

Amended by IAB April 19, 2023/Volume XLV, Number 21, effective 5/24/2023