Chapter 10. PRACTICE AND PROCEDURE BEFORE THE DEPARTMENT OF PUBLIC SAFETY

10.314(1) Issuance. a. An agency subpoena shall be issued to a party on request. Such a request must be in writing. In the absence of good cause for permitting later action, a request for a subpoena must be received at least three days before the scheduled hearing. The request sh…

10.315(1) No technical form for motions is required. However, prehearing motions must be in writing, state the grounds for relief, and state the relief sought. 10.315(2) Any party may file a written response to a motion within ten days after the motion is served, unless the time …

10.316(1) Any party may request a prehearing conference. A written request for prehearing conference or an order for prehearing conference on the presiding officer’s own motion shall be filed not less than seven days prior to the hearing date. A prehearing conference shall be sch…

to the presiding officer. 10.317(1) A written application for a continuance shall: a. Be made at the earliest possible time and no less than seven days before the hearing except in case of unanticipated emergencies; b. State the specific reasons for the request; and c. Be signed …

request prior to the hearing. Unless otherwise provided, a withdrawal shall be with prejudice.

10.319(1) Motion. A motion for leave to intervene in a contested case proceeding shall state the grounds for the proposed intervention, the position and interest of the proposed intervenor, and the possible impact of intervention on the proceeding. A proposed answer or petition i…

10.320(1) The presiding officer presides at the hearing, and may rule on motions, require briefs, issue a proposed decision, and issue such orders and rulings as will ensure the orderly conduct of the proceedings. 10.320(2) All objections shall be timely made and stated on the re…

10.321(1) The presiding officer shall rule on admissibility of evidence and may, where appropriate, take official notice of facts in accordance with all applicable requirements of law. 10.321(2) Stipulation of facts is encouraged. The presiding officer may make a decision based o…

10.322(1) 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 render a decision in the absence of the party. 10.3…

10.323(1) Prohibited communications. Unless required for the disposition of ex parte matters specifically authorized by statute, following issuance of the notice of hearing, there shall be no communication, directly or indirectly, between the presiding officer and any party or re…

any portion of the record at cost. The cost of preparing a copy of the record or of transcribing the hearing record shall be paid by the requesting party. Parties who request that a hearing be recorded by certified shorthand reporters rather than by electronic means shall bear th…

motion, the commissioner of public safety may review an interlocutory order of the presiding officer. In determining whether to do so, the commissioner shall weigh the extent to which its granting the interlocutory appeal would expedite final resolution of the case and the extent…

10.326(1) When commissioner of public safety presides over the reception of evidence at the hearing, the commissioner’s decision is a final decision. 10.326(2) When the commissioner does not preside at the reception of evidence, the presiding officer shall make a proposed decisio…

10.327(1) Appeal by party. Any adversely affected party may appeal a proposed decision to the commissioner of public safety within 30 days after issuance of the proposed decision. 10.327(2) Review. The commissioner may initiate review of a proposed decision on the commissioner’s …

10.328(1) By whom filed. Any party to a contested case proceeding may file an application for rehearing from a final order. 10.328(2) Content of application. a. The application for rehearing shall state on whose behalf it is filed, the specific grounds for rehearing, and the reli…

10.329(1) When available. a. Any party to a contested case proceeding may petition the department for a stay of an order issued in that proceeding or for other temporary remedies, pending review by the agency. The petition shall be filed with the notice of appeal and shall state …

exists as to a matter that would be a contested case if such a dispute of fact existed, the parties may present all relevant admissible evidence either by stipulation or otherwise as agreed by the parties, without necessity for the production of evidence at an evidentiary hearing…

10.331(1) Necessary emergency action. To the extent necessary to prevent or avoid immediate danger to the public health, safety, or welfare and, consistent with the Constitution and other provisions of law, the department may issue a written order in compliance with 1998 Iowa Act…

contested case proceedings in which the department is a party shall be on the petitioner. These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202. [Filed June 30, 1975] [Filed 6/7/79, Notice 5/2/79—published 6/27/79, effective 8/2/79…