Iowa Administrative Code
Agency 751 - TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA
Chapter 5 - PURCHASING
Rule 751-5.18 - Procedures for vendor appeal
Current through Register Vol. 46, No. 19, March 20, 2024
The vendor appeal shall be a contested case proceeding and shall be conducted in accordance with 751IAC 4, unless the provisions of this rule provide otherwise.
(1) Hearing. Upon receipt of a notice of vendor appeal, the commission shall contact the department of inspections and appeals to arrange for a hearing. The department of inspections and appeals shall send a written notice of the date, time and location of the appeal hearing to the aggrieved vendor or vendors. The presiding officer shall hold a hearing on the vendor appeal within 45 days of the date the notice of appeal was received by the commission.
(2) Discovery. The parties shall serve any discovery requests upon the other parties at least 20 days prior to the date set for hearing. The parties must serve responses to discovery at least 10 days prior to the date set for the hearing.
(3) Witnesses and exhibits. The parties shall contact each other regarding witnesses and exhibits at least ten days prior to the time set for the hearing. The parties must meet prior to the hearing regarding the evidence to be presented in order to avoid duplication or the submission of extraneous materials.
(4) Evidence for a telephone or network hearing. If the hearing is conducted by telephone or on the fiberoptic network, the parties must deliver all exhibits to the office of the presiding officer three days prior to the time the hearing is conducted. Any exhibits which have not been served on the opposing party should be served at least seven days prior to the hearing.
(5) Contents of decision. The administrative law judge shall issue a proposed decision in writing that includes findings of fact and conclusions of law stated separately. The decision shall be based on the record of the contested case and shall conform with Iowa Code chapter 17A. The decision shall be sent to all parties by first-class mail.
(6) Record requirements. The record of the contested case shall include all materials specified in Iowa Code subsection 17A. 12(6). The record shall also include any request for a contested case hearing and other relevant procedural documents regardless of their form.
(7) Dismissal. A ruling dismissing all of a party's claims or a voluntary dismissal is a proposed decision under Iowa Code section 17A.15.
(8) Stay of agency action for vendor appeal.