Iowa Admin. Code r. 129-6.6

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 129-6.6 - Notice of hearing and transmission of contested cases

(1)Delivery. Delivery of the notice of hearing constitutes the commencement of the contested case proceeding. Delivery of the notice of hearing may be executed by:

a. Personal service as provided in the Iowa Rules of Civil Procedure;

b. Certified mail, return receipt requested;

c. First-class mail; or

d. Publication, as provided in the Iowa Rules of Civil Procedure.

(2)Contents. Notices of hearing shall contain the information required by Iowa Code section 17A.12(2), any additional information required by statute or rule, and the following information:

a. Identification of all parties including the name, address and telephone number of the person who will act as advocate for the office or the state and of parties' counsel where known;

b. Reference to the procedural rules governing conduct of the contested case proceeding;

c. Reference to the procedural rules governing informal settlement;

d. Identification of the presiding officer, if known. If not known, a description of who will serve as presiding officer (e.g., an administrative law judge from the department of inspections and appeals or the CIO);

e. Information on who to contact if auxiliary aids or services are needed to participate in the matter because of a disability; and

f.The mailing address and e-mail address for filing with the division or office, whichever is applicable, and notice of the option of e-mail service as provided in paragraph 6.14(2)"b."

(3)Transmission of contested cases. In every proceeding filed by the office with the division, the office shall complete a transmittal form. The transmittal form shall contain the information required by 481-subrule 10.4(1).

(4)Issuance of the hearing notice. When a case is transmitted by the office to the division for hearing, the division shall issue the notice of hearing. The office shall provide the division with the information required by 481-subrule 10.4(2).

(5)Attachments. The office shall attach the documents required by 481-subrule 10.4(3) to the completed transmittal form when it is sent to the division.

(6)Receipt. When a properly transmitted case is received, it is marked with the date of receipt by the division. The division assigns an identifying number to each contested case upon receipt.

(7)Scheduling. The division shall promptly schedule hearings for the office. The availability of an administrative law judge and any special circumstances shall be considered.

Iowa Admin. Code r. 129-6.6

Adopted by IAB May 25, 2016/Volume XXXVIII, Number 24, effective 6/29/2016