Chapter 4. RULES OF PROCEDURE FOR OSHA APPEALS

4.7(1) At the time of filing pleadings or other documents a copy thereof shall be served by the filing party or intervenor on every other party or intervenor. 4.7(2) Service upon a party or intervenor who has appeared through a representative shall be made only upon such represen…

4.70(1) An application to take the deposition of a witness in lieu of oral testimony shall be in writing and shall set forth the reasons such deposition should be taken, the name and address of the witness, the matters concerning which it is expected the witness will testify and …

4.71(1) All exhibits offered in evidence shall be numbered and marked with a designation identifying the party or intervenor by whom the exhibit is offered. 4.71(2) In the absence of objection by another party or intervenor, exhibits shall be admitted into evidence as a part of t…

law judge shall be in accordance with these rules and insofar as practicable shall be governed by the rules of evidence applicable in the Iowa district courts. A finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for their …

4.73(1) In all proceedings commenced by the filing of a notice of contest, the burden of proof shall rest with the commissioner of labor. 4.73(2) In proceedings commenced by a petition for modification of the abatement period, the burden of establishing the necessity for such mod…

4.74(1) Any objections with respect to the conduct of the hearing, including any objection to the introduction of evidence or a ruling by the administrative law judge may be stated orally or in writing, accompanied by a short statement of the grounds for the objection, and shall …

administrative law judge—oral argument at the hearing. Any party or intervenor shall be entitled, upon request, to a reasonable period at the close of the hearing for oral argument, which shall be included in the electronically or stenographically recorded report of the hearing. …

4.77(1) The employment appeal board or the administrative law judge may exclude a person from an open meeting or hearing for behavior that obstructs an orderly meeting or hearing. 4.77(2) Cameras and recording devices shall be placed and used within the hearing room in a manner t…

DIVISION VI POSTHEARING PROCEDURES

4.8(1) All papers shall be filed with the Employment Appeal Board, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321. 4.8(2) Unless otherwise ordered, all filing may be accomplished by first-class mail. 4.8(3) Filing is deemed effected at the time of mailing. [Editorial change:…

on the employment appeal board’s own motion, where there exist common parties, common questions of law or fact, or both, or in such other circumstances as justice and the administration of the Act require. This rule is intended to implement Iowa Code section 10A.601 and chapter 8…

4.90(1) When the employment appeal board presides at the reception of the evidence in a contested case, the decision of the employment appeal board is a final decision. 4.90(2) When the employment appeal board did not preside at the reception of the evidence in a contested case, …

4.92(1) Any party or intervenor aggrieved by a final order of the employment appeal board may, while the matter is within the jurisdiction of the employment appeal board, file a motion for a stay or a rehearing. 4.92(2) Such motion shall set forth the reasons a stay or rehearing …

DIVISION VII MISCELLANEOUS PROVISIONS