Iowa Administrative Code
Agency 351 - ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA
Chapter 7 - PERSONAL FINANCIAL DISCLOSURE
Rule 351-7.7 - Contested case challenge
Current through Register Vol. 46, No. 19, March 20, 2024
(1) Request. If the individual accepts administrative resolution concerning a late-filed Form PFD through the payment of the assessed penalty, the matter shall be closed. If the individual chooses to contest the board's decision to deny the request or grant a partial waiver of an assessed penalty, the individual shall make a written request for a contested case proceeding within 30 days of being notified of the board's decision.
(2) Procedure. Upon timely receipt of a request for a contested case proceeding, the board shall provide for the issuance of a statement of charges and notice of hearing. The contested case shall be conducted in accordance with the provisions of 351-Chapter II. The burden shall be on the board's legal counsel to prove that a violation occurred.
(3) Failure to request proceeding. The failure to request a contested case proceeding to contest the board's decision on a waiver request is a failure to exhaust administrative remedies for purposes of seeking judicial review in accordance with Iowa Code chapter 17A.
This rule is intended to implement Iowa Code sections 68B.32A(9) and 68B.33.