Iowa Administrative Code
Agency 531 - LOTTERY AUTHORITY, IOWA
Chapter 5 - CONTESTED CASES
Rule 531-5.7 - Presiding officer
Current through Register Vol. 46, No. 19, March 20, 2024
(1) Any party who wishes to request that the presiding officer assigned to render a proposed decision be an administrative law judge employed by the department of inspections and appeals must file a written request within 20 days after service of a notice of hearing that identifies or describes the presiding officer as the agency head or members of the agency.
(2) The chief executive officer of the lottery may deny the request only upon a finding that one or more of the following apply:
(3) The chief executive officer of the lottery shall issue a written ruling specifying the grounds for its decision within 20 days after a request for an administrative law judge is filed. If the ruling is contingent upon the availability of an administrative law judge, the parties shall be notified at least 10 days prior to hearing if a qualified administrative law judge will not be available.
(4) Except as provided otherwise by another provision of law, all rulings by an administrative law judge acting as presiding officer are subject to appeal to the lottery. A party must seek any available appeal with the lottery in order to exhaust adequate administrative remedies.
(5) Unless otherwise provided by law, the chief executive officer or a designee, when reviewing a proposed decision upon appeal to the lottery, shall have the powers of and shall comply with the provisions of this chapter which apply to presiding officers.