Chapter 4. RULES OF PROCEDURE FOR OSHA APPEALS

“Act” means the Iowa Occupational Safety and Health Act, Iowa Code chapter 88. “Administrative law judge” means an administrative hearing officer with the appeals and fair hearings division, department of inspections and appeals. “Affected employee” means an employee of a cited e…

employment appeal board may, for good cause, order any proceeding severed with respect to some or all issues or parties.

4.100(1) Settlement is encouraged at any stage of the proceedings where such settlement is consistent with the provisions and objectives of the Act. 4.100(2) Where parties to settlement agree upon a proposal, it shall be served upon represented and unrepresented affected employee…

4.101(1) Upon the application of any party or intervenor, or upon its own motion, and for good cause shown, the employment appeal board may order an emergency proceeding. The party or intervenor shall include in its motion the hazards to which the employees are exposed, the proba…

standards of ethical conduct required in the courts of the state of Iowa. The employment appeal board or administrative law judge may take appropriate action to enforce the standards of conduct including, but not limited to, excluding persons from the hearing. This rule is intend…

4.103(1) There shall be no ex parte communication, with respect to the merits of any case not concluded, between the employment appeal board, including any members, officer, employee, or agent of the employment appeal board who is employed in the decisional process, and any of th…

proceeding noticed pursuant to the rules in Chapter 4, the commissioner of labor shall not participate or advise with respect to the employment appeal board’s decision except as permitted by these rules.

4.105(1) Subject to the provisions of law restricting public disclosure of information, any person may, at the office of the employment appeal board, inspect and copy any document filed in any proceeding. 4.105(2) Costs shall be borne by such person.

4.106(1) No former employee of the employment appeal board or the commissioner of labor (including a member of the employment appeal board or the commissioner of labor) shall appear before the employment appeal board as an attorney or other representative for any party in any pro…

4.107(1) Any interested person may petition the employment appeal board for the adoption, amendment, or repeal of a rule. 4.107(2) A petition for rule making shall comply with the form prescribed in 4.30(10A,88) and shall set forth in separately numbered paragraphs: a. The text o…

by the provisions of these rules, or for good cause shown, the employment appeal board may, upon application by any party or intervenor, or on its own motion, after three days’ notice to all parties and intervenors, waive any rule or make such orders as justice or the administrat…

4.109(1) All penalties assessed by the employment appeal board are civil. 4.109(2) The employment appeal board has no jurisdiction under Iowa Code sections 88.14(5), 88.14(6), 88.14(7) and 88.14(8) and will conduct no proceeding thereunder.

4.11(1) Upon application by any person, in a proceeding where trade secrets or other matters may be divulged, the confidentiality of which is protected by Iowa Code section 88.12, the employment appeal board or the administrative law judge shall issue such orders as may be approp…

4.110(1) The employment appeal board or administrative law judge, on its own motion, or on the motion of any party or intervenor, and in the absence of an objection from any party or intervenor, may conduct a hearing by means of a telephone conference call. Hearings shall be reco…

DIVISION II PARTIES AND REPRESENTATIVES

4.2(1) These rules shall govern all proceedings before the employment appeal board. 4.2(2) In the absence of a specific provision, procedures shall be in accordance with the Iowa rules of civil procedure.

4.20(1) Affected employees or authorized employee representatives may elect to participate as parties at any time before the commencement of the hearing, unless, for good cause shown, the employment appeal board allows such election at a later time. See also 4.21(10A,88). 4.20(2)…

4.21(1) A petition for leave to intervene may be filed at any stage of a proceeding before commencement of the hearing. 4.21(2) The petition shall set forth the interest of the petitioner in the proceeding and show that the participation of the petitioner will assist in the deter…

4.22(1) Any party or intervenor may appear in person or through a representative. 4.22(2) A representative of a party or intervenor shall be deemed to control all matters respecting the interest of such party or intervenor in the proceeding. 4.22(3) Affected employees who are rep…

DIVISION III PLEADINGS AND MOTIONS

plural and vice versa.

4.30(1) Except as provided herein, there are no specific requirements as to the form of any pleading. A pleading is simply required to contain a caption sufficient to identify the parties in accordance with 4.31(10A,88), which shall include the employment appeal board’s docket nu…

4.31(1) Cases initiated by a notice of contest shall be titled: Commissioner of Labor, Complainant v. (Name of Contestant), Respondent. 4.31(2) Cases initiated by a petition for modification of the abatement period shall be titled: (Name of Employer), Petitioner v. Commissioner o…

notice of contest, transmit the original to the employment appeal board, together with copies of all relevant documents.

4.33(1) Complaint. a. The commissioner of labor shall file a complaint with the employment appeal board no later than 20 days after receipt of notice of contest. b. The complaint shall set forth all alleged violations and proposed penalties which are contested, stating with parti…

have ten days from service of the motion to file a response.

the discretion of the employment appeal board, constitute a withdrawal of the citation or the notice of contest. The employment appeal board may, after opportunity for hearing of excuses for failure to file, enter a final or proposed final order defaulting the party and disposing…

4.36(1) An employer may file a petition for modification of abatement period with the commissioner of labor when such employer has made a good faith effort to comply with the abatement requirements of a citation, but abatement has not been completed because of factors beyond the …

4.37(1) Where an affected employee or authorized employee representative files a notice of contest with respect to the abatement period, the commissioner of labor shall, within ten days from receipt of the notice of contest, file a clear and concise statement of the reasons the a…

DIVISION IV PREHEARING PROCEDURES AND DISCOVERY

4.4(1) In computing any period of time prescribed or allowed in these rules, the day from which the designated period begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, state or federal holiday, in which …

document must be received in advance of the date on which the pleading or document is due to be filed.

proceedings, for good cause shown, a party may withdraw the notice of contest, the citation, or complaint, subject to the approval of the employment appeal board.

4.51(1) At any time before a hearing, the employment appeal board, on its own motion or on motion of a party, may direct the parties and intervenors or their representatives to exchange information or to participate in a prehearing conference for the purpose of considering matter…

4.52(1) At any time after the filing of responsive pleadings, any party may request of any other party admissions of facts to be made under oath. Each admission requested shall be set forth separately. The matter shall be deemed admitted unless, within 30 days after service of th…

4.53(1) Pursuant to Iowa Code subsection 17A.13(1), discovery procedures applicable to civil actions shall be available to all parties in contested cases before the employment appeal board. 4.53(2) Where there is a failure to comply with any proper method of discovery permitted u…

order of the employment appeal board to permit discovery in accordance with the provisions of these rules, the employment appeal board may issue appropriate orders. This rule is intended to implement Iowa Code chapter 88 and section 10A.601.

or copy data. 4.55(1) The employment appeal board shall, on the application of any party directed to the employment appeal board, forthwith issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence, including relevant books, records, c…

DIVISION V HEARINGS

initial pleading filed by any party or intervenor. Any change in such information must be communicated promptly in writing to the employment appeal board and to all other parties and intervenors. Parties or intervenors who fail to furnish such information shall be deemed to have …

the parties and intervenors at least ten days in advance of such hearing, except as otherwise provided in 4.101(10A,88).

4.61(1) Postponement of a hearing ordinarily will not be allowed, unless a case of extreme emergency exists or a request is made in writing at least three days in advance of the date set for the hearing. 4.61(2) No postponement in excess of 30 days shall be allowed without employ…

4.62(1) Subject to the provisions of 4.62(2), the failure of a party to appear at a hearing shall be deemed to be a waiver of all rights except the rights to be served with a copy of the decision of the employment appeal board or to appeal the decision. 4.62(2) The employment app…

Witnesses summoned before the employment appeal board shall be paid the same fees and mileage that are paid witnesses in the district courts of the state of Iowa, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fee…

court reporter, unless the employment appeal board provides for a court reporter. Transcript costs shall be borne by the person requesting a transcript. This rule is intended to implement Iowa Code chapter 88 and section 10A.601.

4.65(1) Hearings shall be electronically recorded. A record of testimony taken at the hearing shall be filed in the employment appeal board office. 4.65(2) The employment appeal board’s recording or transcript of the hearing shall be available to any interested person for examina…

It shall be the duty of the employment appeal board or the administrative law judge to conduct a fair and impartial hearing, to ensure that the facts are fully elicited, to adjudicate all issues and avoid delay. The employment appeal board or the administrative law judge shall ha…

judge. 4.67(1) Members of employment appeal board or the administrative law judge may withdraw from a proceeding whenever they deem themselves disqualified. 4.67(2) Any party may request any member of the employment appeal board or the administrative law judge before the filing o…

parties shall have the right to cross-examine any witness whose testimony is introduced by an adverse party.

matters therein contained are otherwise admissible and the parties agree to its admission.