Iowa Admin. Code r. 701-7.38

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

Rule 701-7.38 - Appeals and hearings regarding the director's intent to remove a member of the board of review

(1)Written request for hearing. A member of the board of review who has received a notice of intent to remove from the director and who wishes to contest the removal shall file a written request for a hearing within 30 days after the receipt of the notice of the director's intent to remove the member. Any person who does not seek a hearing within 30 days of receipt of the notice of the director's intent to remove shall be precluded from challenging the removal.

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

a. The introductory paragraph of rule 701-7.8(17A), excluding the first sentence of the introductory paragraph of 701-7.8(17A); and subrules 7.8(8) and 7.8(9);

b. Subrules 7.9(1) and 7.9(2);

c. Rule 701-7.10 (17A);

d. Paragraphs 7.11(2)"d" and "e" ;

e. Subrules 7.12(2) to 7.12(4);

f. Rule 701-7.13(17A);

g. Rule 701-7.14(17A);

h. Rule 701-7.15(17A);

i. Rule 701-7.16(17A);

j. Subrule 7.17(1); subrules 7.17(3) through 7.17(7); subrule 7.17(8), except paragraph 7.17(8)"b" related to costs shall not apply; additionally, Iowa Code section 421.60 shall not apply; subrules 7.17(9), 7.17(10), and 7.17(14);

k. Rule 701-7.18(17A);

l. Rule 701-7.19(17A);

m. Rule 701-7.20(17A);

n. Rule 701-7.21(17A); and

o. Rule 701-7.22(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 intent to remove a board member.

This rule is intended to implement Iowa Code section 441.32(2)"e" as enacted by 2021 Iowa Acts, House File 871, section 29, and Iowa Code chapter 17A.

Iowa Admin. Code r. 701-7.38

Adopted by IAB September 22, 2021/Volume XLIV, Number 6, effective 10/27/2021