Current through Register No. 12, March 21, 2024
(a) The chair of the board shall designate a
board member to review appeals to the authority under
Pda
514.06.
(b) The board designate shall:
(1) Notify the appellant in writing that the
board designate will be reviewing the matter on appeal on behalf of the board
and preparing a recommended decision regarding the appeal for consideration and
action by the board;
(2) Provide
the appellant an opportunity, including date, time, and location, to meet with
the board designate and present his or her information and argument regarding
the appeal, provided that the meeting shall occur within 15 business days of
the filing of the appeal with the authority;
(3) Notify the appellant that he or she may
bring counsel or a personal representative to the meeting;
(4) Notify the appellant that any written
information, testimony or argument not previously submitted during
reconsideration by the division director shall be submitted to the board
designate not later than 5 business days before the date of the meeting with
the board designate; and
(5) Notify
the appellant that the meeting with the board designate will be
recorded.
(c) The
division director shall provide the board designate a copy of all information
concerning the matter in the possession of the division director.
(d) The following shall apply at the meeting
with the board designate:
(1) The board
designate shall exclude any additional written information, testimony or
argument that was not submitted in accordance with (b)(4) above unless the
board designate finds good cause for appellant's failure to comply with (b)(4)
above and that late submission was not intended to delay the appeal or the
meeting with the board designate. For purposes of this paragraph, "good cause"
means that the appellant did not discover, learn of, or formulate the
information, testimony, or argument in time to submit such information,
testimony, or argument in accordance with (b)(4) above and could not have
discovered, learned of, or formulated such information, testimony, or argument
with reasonable diligence to comply with (b)(4) above;
(2) The appellant or his or her counsel or
representative may direct questions to the board designate, including questions
for a division representative(s) present at the meeting;
(3) The division staff may direct questions
to the board designate, including questions for appellant or his or her counsel
or representative present at the meeting;
(4) The appellant's questions for the
division representative(s) and the division's questions to the appellant or
appellant's representative shall be asked only by the board designate;
and
(5) The board designate may
exclude irrelevant, immaterial, or unduly repetitious information, testimony or
argument.
(e) Within 10
business days after the meeting with the board designate under (d) above, the
board designate, after reviewing the information provided by the division
director and the appellant, and after meeting with division staff and the
appellant, if the appellant requested such a meeting, shall make a written
recommendation to the authority regarding the appeal. The board designate shall
at the same time send to the appellant, by first class mail, a copy of the
recommendation made to the authority.
#9641, eff 2-1-10; ss by #9975, eff 8-20-11 (See Revision
Note at chapter heading for Pda 500)
