Iowa Administrative Code
Agency 265 - Iowa Finance Authority
Chapter 7 - Contested Cases
Rule 265-7.26 - Posthearing Procedures and Orders
Universal Citation: IA Admin Code 265-7.26
Current through Register Vol. 47, No. 6, September 18, 2024
(1) Filing by parties of briefs and proposed findings. The presiding officer may ask the parties to submit proposed findings and conclusions of law and a proposed order or briefs. Copies of the submission shall be served on all parties. The submission schedule, including waiver or briefs, shall be determined at the close of the hearing.
(2) Final decision or order
a. When a quorum of the
entire board of the authority presides over the reception of evidence at the
hearing, its decision is a final decision. The decision shall be in writing and
shall include findings of fact and conclusions of law in conformance with Iowa
Code chapter 17A.
b. In a contested
case in which the hearing is held before an administrative law judge or a panel
of the authority's board members constituting less than a quorum of the board,
the presiding officer or panel shall render a proposed decision. The proposed
decision shall be in writing and shall include findings of fact and conclusions
of law in conformance with Iowa Code chapter I7A. The proposed decision becomes
the final decision of the authority without further proceedings unless there is
an appeal to, or review on motion of, the authority within 30 days.
(3) Decisions and orders.
a.
By whom
prepared. The presiding officer who presided at the reception of
evidence shall prepare a proposed or final decision or order in each case.
Findings of fact shall be prepared by the presiding officer at the reception of
the evidence in a case unless the officer becomes unavailable. If the officer
is unavailable, the findings of fact may be prepared by another person
qualified to be a presiding officer who has read the record, unless demeanor of
witnesses is a substantial factor If demeanor is a substantial factor and the
presiding officer is unavailable, the portions of the hearing involving
demeanor shall be heard again or the case shall be dismissed.
b.
Content of decision or
order The proposed or final decision or order shall:
(1) Be in writing or stated in the
record.
(2) Include findings of
fact. Findings of fact, if set forth in statutory language, shall be
accompanied by a concise and explicit statement of underlying facts supporting
the findings. If a party submitted proposed finding of fact in accordance with
subrule 7.26(1), the decision or order shall include a ruling upon each
proposed finding.
(3) Include
conclusions of law, supported by cited authority or reasoned opinion.
c.
Delivery. A
copy of the proposed decision or order shall be delivered to the parties either
by personal service or by certified mail, return receipt requested.
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