Current through Register Vol. 46, No. 19, March 20, 2024
(1)
Contents of notice of hearing. Unless the hearing is waived,
all contested cases shall commence with the service of a notice of hearing
fixing the time and place for hearing. The notice, including any incorporated
or attached statement of charges, shall contain those items specified in Iowa
Code section
17A.12(2)
and, if applicable, Iowa Code section
17A.18(3),
and the following:
a. A statement of the time,
place, and nature of the hearing;
b. A statement of the legal authority and
jurisdiction under which the hearing is to be held;
c. A reference to the particular sections of
the statutes and rules involved;
d.
A short and plain statement of the matters asserted;
e. Identification of all parties, including
the name, address and telephone number of the assistant attorney general
designated as prosecutor for the state and the respondent's counsel where
known;
f. Reference to the
procedural rules governing conduct of the contested case proceeding;
g. Reference to the procedural rules
governing informal settlement after charges are filed;
h. Identification of the board or a panel of
board members as the presiding officer, or statement that the presiding officer
will be an administrative law judge from the department of inspections and
appeals;
i. If applicable,
notification of the time period in which a party may request, pursuant to Iowa
Code section
17A.11
and rule 193F-20.10 (17A,272C), that the presiding officer be an administrative
law judge from the department of inspections and appeals;
j. A statement requiring or authorizing the
respondent to submit an answer of the type specified in rule 193F-20.9
(17A,272C) within 20 days after service of the notice of hearing;
k. If applicable, notification of the
licensee's right to request a closed hearing in a licensee disciplinary
proceeding;
l. Information on whom
to contact if, because of a disability, auxiliary aids or services are needed
for a party to participate in the matter;
m. If applicable, the date, time, and manner
of conduct of a prehearing conference under rule 193F-20.21 (17A,272C);
and
n. The mailing address and
email address for filing with the board and notice of the option of email
service as provided in subrule 20.17(6).
(2)
Service of notice of
hearing. Service of notice of hearing on a licensee to commence a
contested case which may affect the licensee's continued licensure, such as a
licensee disciplinary case or challenge to the renewal of a license, shall be
made by personal service as in civil actions, by restricted certified mail,
return receipt requested, or by the acceptance of service by the licensee or
the licensee's duly authorized legal representative. Service of the notice of
hearing to commence all other contested cases may additionally be made by
certified mail, return receipt requested.
