Current through Register Vol. 47, No. 13, December 25, 2024
(1)
Complaints relating to the Iowa Veterans Home. Applicants or members of the
Iowa Veterans Home must first exhaust the appeal process set out in rules
10.45(35A,35D) and 10.46(35A,35D), respectively.
(2) Content of complaints. Complaints to the
commission should state the name and address of the aggrieved party, identify
the specific agency action which is disputed, the issues in dispute, and
request a hearing, if applicable.
(3) The chairperson shall review the appeal
to determine if the issue is within the commission's scope.
(4) Within 15 calendar days of receipt of a
request for hearing, the chairperson shall transfer the request to the
department of inspections and appeals pursuant to rules
481-10.3
(10A) and 10.4(10A) and shall notify the aggrieved party of this transmittal.
The department of inspections and appeals shall provide the hearing in
accordance with rules promulgated by that department at 481-Chapter
10.
(5) Appeals.
a. Parties have 30 calendar days from the
mailing date of the decision by the department of inspections and appeals to
appeal the decision to the commission. If no appeal is filed, the hearing
decision becomes final 30 days from the date of decision.
b. Appeals to the commission shall be filed
with the chairperson at the location identified in 801-subrule
1.2(1).
c. On appeal, the
commission shall permit each party to file exceptions, present briefs and, with
the consent of the commission, present oral arguments to the commission. The
commission shall establish a deadline for submission of the written exceptions,
briefs, and requests for continuances and shall notify the parties of the
deadline.
d. The commission has the
authority to fully and fairly develop the record and may inquire into the
matters at issue and shall receive in evidence the testimony of witnesses and
any documents which are relevant and material.
e. The commission shall base its decision on
the evidence contained in the record made before the department of inspections
and appeals and may permit the parties to submit new evidence at its discretion
upon a showing of why the new evidence was not reasonably available at the
original hearing.
f.Request for
continuance shall be made in writing and the reasons for the request shall be
stated. The request shall be filed with the commission at the address given in
801-subrule 1.2(1).
g. The
commission's decision on appeal is effective immediately unless otherwise
specified in the decision.
(6) Judicial review. A party who seeks
judicial review shall first exhaust all administrative remedies as follows:
a. A party shall appeal the decision of the
administrative law judge as provided in subrule 8.3(5) and receive a decision
from the commission as provided in this subrule.
b. Petition for judicial review of the
commission's decision shall be filed within 30 calendar days after the decision
is issued.