Iowa Administrative Code

“Active license” means the license is current and has not expired. “Approved program/activity” means a continuing education program/activity meeting the standards set forth in these rules. “Audit” means the selection of licensees for verification of satisfactory completion of con…

981.2(1) The biennial continuing education compliance period will extend for a two-year period beginning on January 1 of each even-numbered year and ending on December 31 of the next odd-numbered year. Each biennium, each person who is licensed to practice as a licensee in this s…

981.3(1) General criteria. A continuing education activity that meets all of the following criteria is appropriate for continuing education credit if the continuing education activity: a. Is an organized program of learning fundamental to the practice of the profession that contr…

when that person: 1. Served honorably on active duty in the military service; 2. Resided in another state with continuing education requirements that the applicant met; 3. Was a government employee working in the licensee’s specialty and assigned to duty outside the United States…

provided in rule 481—504.3(272C) when the board determines that the licensee is guilty of any of the following acts or offenses or those listed in 481—Chapter 504. 982.1(1) Any falsification or misrepresentation contained in any report or document attesting to the facts, conditio…

The board hereby adopts by reference the following: 983.1(1) to 983.1(9) Reserved. 983.1(10) Model rules for licensee review committee, 481—Chapter 505. This rule is intended to implement Iowa Code chapter 272C. [ARC 8148C, IAB 7/24/24, effective 8/28/24; Editorial change: IAC Su…

1.1(1) The employment appeal board is comprised of three members appointed by the governor, subject to confirmation of the senate. The members are appointed pursuant to Iowa Code section 10A.601(2) to represent the interests of employers, employees, and the general public. 1.1(2)…

1.2(1) The employment appeal board has authority to hear appeals or to review records on appeal in the following areas: 1. Department of personnel actions under Iowa Code chapter 19A. 2. Peace officer and capitol security discharges under Iowa Code chapter 80. 3. Occupational Saf…

and hearings conducted by the employment appeal board. Unless otherwise specified by rules within the chapters on particular areas, these rules apply. If no rule covers a specific provision, the rules of civil procedure shall be used to provide guidance.

“Address of record” means address listed in the Iowa workforce development department’s unemployment decisions records. “Aggrieved person” means an individual or company who has received an adverse ruling from an administrative law judge in a proceeding subject to appeal board re…

2.3(1) An ex parte communication is an oral or written communication relating directly to the facts or legal questions at issue in a contested case proceeding which is made by a party in interest to the employment appeal board without the knowledge of or outside the presence of t…

3.1(1) Lower authority’s decisions to employment appeal board. A copy of each administrative law judge’s decision, pertinent to unemployment insurance matters, shall be submitted to the employment appeal board on the date the decision is issued. 3.1(2) Form and time of appeal. A …

3.2(1) Within ten days following the decision of an administrative law judge, and in the absence of a filing of a notice of appeal to the appeal board by any of the parties from a decision of the administrative law judge, the appeal board on its own motion may order the parties t…

3.3(1) An appeal shall be decided based upon the evidence contained in the entire record before the administrative law judge, including the testimony of the hearing before the administrative law judge, together with any oral or written arguments presented to the board. Should the…

3.4(1) Solely on showing of good cause, the appeal board may, upon application by a party, reopen and review any prior decision, provided the application for rehearing is filed within 20 days from the date of the issuance of the prior decision. 3.4(2) The application shall be in …

3.5(1) No appeal board member shall participate in any hearing in which the member has an interest which might affect the ultimate decision. 3.5(2) A challenge to the interest of an appeal board member may be made in writing at any time prior to the date the appeal board’s decisi…

to the public except where the provisions of Iowa Code section 20.5 apply.

3.7(1) Investigations. a. Whenever, in the course of an appeal, an investigation, inquiry, payroll audit or other examination appears necessary for a proper determination of a case, the appeal board may request such investigation, inquiry, payroll audit, or other examination thro…

employment appeal board, shall be retained: 1. Sixty days following the final date for an appeal to the district court. 2. Sixty days following the entry of a final order by the district court. 3. Sixty days following the filing of the decision of the court of appeals. 4. Sixty d…

“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 …