Iowa Administrative Code

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.

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

5.1(1) Form and time of appeal. A person aggrieved by a personnel action pertaining to an application rejection; examination rating; removal from an eligible list or disqualification; or veteran’s points rejection may appeal to the employment appeal board within 30 days from the …

6.1(1) Form and time of appeal. The department of public safety shall file with the employment appeal board notice of intent to dismiss or of intent to take other action, under the purview of Iowa Code section 80.15, regarding a member of the department, including capitol securit…

7.1(1) Form and time of appeal. Any contractor aggrieved by a citation of notice of proposed administrative penalty shall notify the commissioner of labor, within 15 working days from the date of receipt of the notice, that the contractor intends to contest the citation or propos…

“Agency.” In lieu of the words “(official or body issuing these rules)”, insert “employment appeal board”. “Custodian.” Delete “the agency” and insert “an agency”. Insert “The originating agency, if any, is the custodian of records which are used to carry out functions of the ori…

8.10(1) Defined. “Routine use” means the disclosure of a record without the consent of the subject or subjects, for a purpose which is compatible with the purpose for which the record was collected. It includes disclosures required to be made by statute other than the public reco…

8.11(1) Consent to disclosure by a subject individual. To the extent provided by law, the subject may consent in writing to agency disclosure of confidential records as provided in rule 8.7(17A,22). 8.11(2) Complaints to public officials. A letter from a subject of a confidential…

8.12(1) General. The agency records are open for public inspection and copying unless otherwise provided by rule or law. 8.12(2) Confidential records. The following records may be withheld from public inspection. Records are listed by category, according to the legal basis for wi…