Current through Register Vol. 46, No. 19, March 20, 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 shall constitute a quorum. Final decisions shall 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, are
available to the public, and may be disseminated by the board and others as
provided in Iowa Code chapter 22.
(2)
Proposed panel
decisions.
a.
Panel of
specialists. When a panel of three specialists presides over the
hearing, the panel shall issue a proposed decision which shall include findings
of fact but shall 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, shall
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 shall issue a proposed decision which shall include proposed
findings of fact, conclusions of law, and the order. A proposed panel decision
shall 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 paragraph
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 shall 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 shall cite
any applicable legal authority and specify relevant portions of the record in
that proceeding.
(2) Oral argument
shall be heard by the board unless waived by both parties. The time granted
each party for oral argument shall be established by the board.
(3) The record on appeal shall 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.
