20.11 - PROHIBITED PRACTICE VIOLATIONS.
20.11 PROHIBITED PRACTICE VIOLATIONS.
1. Proceedings against a party alleging a violation of section
20.10, shall be commenced by filing a complaint with the board within
ninety days of the alleged violation causing a copy of the complaint
to be served upon the accused party in the manner of an original
notice as provided in this chapter. The accused party shall have ten
days within which to file a written answer to the complaint.
However, the board may conduct a preliminary investigation of the
alleged violation, and if the board determines that the complaint has
no basis in fact, the board may dismiss the complaint. The board
shall promptly thereafter set a time and place for hearing in the
county where the alleged violation occurred. The parties shall be
permitted to be represented by counsel, summon witnesses, and request
the board to subpoena witnesses on the requester's behalf.
Compliance with the technical rules of pleading and evidence shall
not be required.
2. The board may designate an administrative law judge to conduct
the hearing. The administrative law judge has the powers as may be
exercised by the board for conducting the hearing and shall follow
the procedures adopted by the board for conducting the hearing. The
decision of the administrative law judge may be appealed to the board
and the board may hear the case de novo or upon the record as
submitted before the administrative law judge, utilizing procedures
governing appeals to the district court in this section so far as
applicable.
3. The board shall appoint a certified shorthand reporter to
report the proceedings and the board shall fix the reasonable amount
of compensation for such service, which amount shall be taxed as
other costs.
4. The board shall file its findings of fact and conclusions of
law within sixty days of the close of any hearing, receipt of the
transcript, or submission of any briefs. If the board finds that the
party accused has committed a prohibited practice, the board may,
within thirty days of its decision, enter into a consent order with
the party to discontinue the practice, or after the thirty days
following the decision may petition the district court for injunctive
relief pursuant to rules of civil procedure 1.1501 to 1.1511.
5. The board's review of proposed decisions and the rehearing or
judicial review of final decisions is governed by the provisions of
chapter 17A. Section History: Early Form
[C75, 77, 79, 81, § 20.11] Section History: Recent Form
88 Acts, ch 1109, §6; 89 Acts, ch 296, § 6, 7; 91 Acts, ch 174, §
2
Referred to in § 20.13, 20.14