Iowa Administrative Code
Agency 351 - Ethics and Campaign Disclosure Board, Iowa
Chapter 11 - Contested Case Procedures
Rule 351-11.5 - Notice of Hearing
Universal Citation: IA Admin Code 351-11.5
Current through Register Vol. 47, No. 6, September 18, 2024
(1) Delivery. Delivery of the notice of hearing constitutes the commencement of the contested case proceeding. Delivery may be executed by:
a. Personal service as provided in the Iowa
Rules of Civil Procedure; or
b.
Certified mail, return receipt requested; or
c. First-class mail, address service
requested; or
d. Publication, as
provided in the Iowa Rules of Civil Procedure.
(2) Contents. The notice of hearing shall contain the following information:
a. A statement of the time, place, and nature
of the hearing;
b. A statement of
the legal authority and jurisdiction imder 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 person who will
serve as the board's counsel during the proceeding;
f. Reference to the procedural rules
governing conduct of the contested case proceeding;
g. Reference to the procedural rules
governing informal settlement;
h.
Identification of the presiding officer; and
i. Notification of the time period in which a
party may request, pursuant to subrule 11.8(3), that the presiding officer be
an administrative law judge.
(3) Time. The notice of hearing shall be served:
a. Upon all parties
at least 20 days before the scheduled hearing date if the alleged violation
involves conduct other than the failure to timely file a statement, report, or
document that is required to be filed pursuant to a law or rule imder the
board's jurisdiction.
b. Upon all
parties at least 10 days before the scheduled hearing date if the alleged
violation involves the failure to timely file a statement, report, or document
that is required to be filed pursuant to a law or rule under the board's
jurisdiction.
c. Upon all parties
at least 10 days before the scheduled hearing date if the hearing is an appeal
of a board decision concerning a civil penalty waiver request for a late-filed
statement, report, or document that is required to be filed pursuant to a law
or rule under the board's jurisdiction.
d. Upon all parties at least 10 days before
the scheduled hearing date if the hearing is an appeal of a decision of a
regulatory agency to deny or grant conditional consent for an official or
employee of the regulatory agency to sell or lease goods or services as
provided in 351-subrule 6.11(6).
e.
Upon all parties at least 10 days before the scheduled hearing date if the
hearing is an appeal of a decision by the office of the governor to deny or
grant conditional consent for a member of the governor's office to sell or
lease goods or services as provided in 351-subrule 6.12(4).
Disclaimer: These regulations may not be the most recent version. Iowa may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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