Iowa Admin. Code r. 761-13.11

Current through Register Vol. 47, No.14, January 8, 2025

Rule 761-13.11 - [Effective 2/12/2025] Additional procedures when the department is not a party

(1)Jurisdiction. When the department is obligated by statute to administer a controversy to which it is not a party, the following additional procedures apply:

(2)Request.

a. A person who has an interest in a controversy and who is entitled to a contested case hearing may submit a written request to the department to resolve the controversy.

b. An acceptable request will contain a statement of facts alleged and the relief sought by the requestor, the name and address of the persons involved and any attorneys representing them, the requestor's telephone number, and the mailing address to be used for all communications to the requestor from the department.

(3)Informal settlement.

a. The department will contact the persons involved, either by telephone or letter, and will offer to assist the parties to reach an informal settlement of the controversy.

b. A controversy may be settled informally by the persons involved.

c. When a controversy is settled informally, the persons involved will each notify the department by telephone and confirming letter that the controversy has been resolved.

(4)Contested case. When the department is notified by a person involved in the controversy that there has been a failure to reach an informal settlement, or when the department determines that no progress toward a settlement is being made, the department will send a written notice to the persons involved specifying that if the department is not notified of a settlement within 20 days after the notice is mailed, the department will initiate a contested case proceeding.

Iowa Admin. Code r. 761-13.11

Adopted by IAB January 8, 2025/Volume XLVII, Number 14, effective 2/12/2025