Current through Register Vol. 47, No. 6, September 18, 2024
(1)
Final
decisions. When a quorum of the board presides over the reception of
the evidence at the hearing, its decision is a final decision. A majority of
the members constitutes a quorum. Final decisions will be served on the parties
in accordance with subrule 33.14(2). Final decisions of the board, including
consent agreements and consent orders, are public documents pursuant to Iowa
Code chapter 22.
(2)
Proposed panel decisions.
a.
Panel of specialists. When a panel of three specialists
presides over the hearing, the panel will issue a proposed decision that will
include findings of fact but will not include conclusions of law or any
recommendation for or against the licensee discipline. A proposed decision of a
panel of specialists, together with a transcript of the proceedings and the
exhibits presented, will be reviewed by the board within 30 days of the date
the proposed decision was issued.
b.
Panel of board members.
When a panel of three or more board members presides over the hearing, the
panel will issue a proposed decision that will include proposed findings of
fact, conclusions of law, and the order. A proposed panel decision will be
reviewed by the board within 30 days of the date the proposed panel decision
was issued. A proposed panel decision becomes a final decision without further
proceedings unless appealed in accordance with paragraph
33.30(2)"c."
c.
Appeal of proposed panel decisions. A proposed panel decision
pursuant to paragraph 33.30(2)
"a" or
33.30(2)
"b" may be appealed to the full board by either party
by serving on the executive officer, either in person or by certified mail, a
notice of appeal within 30 days after service of the proposed decision on the
appealing party. The notice of appeal shall specify the party initiating the
appeal, the proposed decision or order appealed from, the specific findings or
conclusions to which exception is taken and any other exceptions to the
decision or order, the relief sought, and the grounds for relief.
(1) Following receipt of a notice of appeal,
the board will enter an order establishing a schedule for submission of briefs
and oral argument. The parties shall serve their briefs on the board and shall
furnish an additional copy to each party by first-class mail. Briefs will cite
any applicable legal authority and specify relevant portions of the record in
that proceeding.
(2) Oral argument
will be heard by the board unless waived by both parties. The time granted each
party for oral argument will be established by the board.
(3) The record on appeal will be the entire
record made before the hearing panel or administrative law judge.
d.
Confidentiality. At no time prior to the release of the final decision
by the board shall a proposed decision be made public or distributed to any
person other than the parties.
e.
Requests to present additional evidence. A party may request
the taking of additional evidence after the issuance of a proposed decision
only by establishing that:
(1) The evidence is
material; and
(2) The evidence
arose after the completion of the original hearing; or
(3) Good cause exists for failure to present
the evidence at the original hearing; and
(4) The party has not waived the right to
present additional evidence.
A written request to present additional evidence must be filed
with the notice of appeal or by a nonappealing party within 14 days of service
of the notice of appeal. The board may remand a case to the hearing panel for
further hearing or may itself preside at the taking of additional
evidence.
