17A.12 - CONTESTED CASES -- NOTICE -- HEARING -- RECORDS.
17A.12 CONTESTED CASES -- NOTICE -- HEARING --
RECORDS.
1. In a contested case, all parties shall be afforded an
opportunity for hearing after reasonable notice in writing delivered
either by personal service as in civil actions or by certified mail
return receipt requested. However, an agency may provide by rule for
the delivery of such notice by other means. Delivery of the notice
referred to in this subsection shall constitute commencement of the
contested case proceeding.
2. The notice shall include:
a. A statement of the time, place and nature of the hearing.
b. A statement of the legal authority and jurisdiction under
which the hearing is to be held.
c. A reference to the particular sections of the statutes and
rules involved.
d. A short and plain statement of the matters asserted. If
the agency or other party is unable to state the matters in detail at
the time the notice is served, the initial notice may be limited to a
statement of the issues involved. Thereafter upon application a more
definite and detailed statement shall be furnished.
3. If a party fails to appear or participate in a contested case
proceeding after proper service of notice, the presiding officer may,
if no adjournment is granted, enter a default decision or proceed
with the hearing and make a decision in the absence of the party.
The parties shall be duly notified of the decision, together with the
presiding officer's reasons for the decision, which is the final
decision of the agency, unless within fifteen days, or such period of
time as otherwise specified by statute or rule, after the date of
notification or mailing of the decision, further appeal is initiated.
If a decision is rendered against a party who failed to appear for
the hearing and the presiding officer is timely requested by that
party to vacate the decision for good cause, the time for initiating
a further appeal is stayed pending a determination by the presiding
officer to grant or deny the request. If adequate reasons are
provided showing good cause for the party's failure to appear, the
presiding officer shall vacate the decision and, after proper service
of notice, conduct another evidentiary hearing. If adequate reasons
are not provided showing good cause for the party's failure to
appear, the presiding officer shall deny the motion to vacate.
4. Opportunity shall be afforded all parties to respond and
present evidence and argument on all issues involved and to be
represented by counsel at their own expense.
5. Unless precluded by statute, informal disposition may be made
of any contested case by stipulation, agreed settlement, consent
order or default or by another method agreed upon by the parties in
writing.
6. The record in a contested case shall include:
a. All pleadings, motions and intermediate rulings.
b. All evidence received or considered and all other
submissions.
c. A statement of all matters officially noticed.
d. All questions and offers of proof, objections and rulings
thereon.
e. All proposed findings and exceptions.
f. Any decision, opinion or report by the officer presiding
at the hearing.
7. Oral proceedings shall be open to the public and shall be
recorded either by mechanized means or by certified shorthand
reporters. Oral proceedings or any part thereof shall be transcribed
at the request of any party with the expense of the transcription
charged to the requesting party. The recording or stenographic notes
of oral proceedings or the transcription thereof shall be filed with
and maintained by the agency for at least five years from the date of
decision.
8. Findings of fact shall be based solely on the evidence in the
record and on matters officially noticed in the record.
9. Unless otherwise provided by statute, a person's request or
demand for a contested case proceeding shall be in writing, delivered
to the agency by United States postal service or personal service and
shall be considered as filed with the agency on the date of the
United States postal service postmark or the date personal service is
made. Section History: Early Form
[C75, 77, 79, 81, § 17A.12] Section History: Recent Form
87 Acts, ch 71, § 1; 98 Acts, ch 1202, §16, 46
Referred to in § 17A.9, 17A.13, 17A.16, 68B.31, 86.19, 96.11,
147A.5, 169.5, 217.30, 321.556, 421.17, 455B.446, 476A.4
Interpreters in legal proceedings; see chapters 622A, 622B