Iowa Administrative Code

15.7(1) Objection and notice regarding notice of intent to conduct an election. a. The certified employee organization or public employer may file an objection asserting that the election should not be conducted for reasons set forth in the objection. The objection shall be in wr…

described in 621—subrule 5.3(2). The ballots will be mailed by the agency in accordance with subrule 15.2(2). [ARC 7011C, IAB 5/3/23, effective 6/7/23]

of a collective bargaining agreement requires an election not 270 days to 365 days after the fall or spring election, suPERB will immediately alert the agency, the employer and the employee representatives. In this event, PERB will within 14 days establish a future date of electi…

before the agency, or those proceedings converted to electronic proceedings upon the board’s order. To the extent the rules in this chapter are inconsistent with any other administrative rule of the board, the rules in this chapter shall govern. [ARC 1583C, IAB 8/20/14, effective…

16.10(1) Initial filing. An initial filing in a proceeding shall be served upon other parties nonelectronically in the manner specified in rule 621—2.15(20). The document being served must be accompanied by an agency-approved information sheet regarding mandatory electronic filin…

discovery request or response is served on another party. The notice filed with the agency shall include the date, manner of service, and the names and addresses of the persons served. Other discovery materials shall not be filed unless ordered by the presiding officer. [ARC 1583…

16.12(1) Transcripts. If a hearing or oral argument is transcribed, the transcript shall be made available to registered users electronically after final agency action. 16.12(2) Briefs. Briefs and memoranda shall be electronically filed. Page numbers should be located at the bott…

16.13(1) General rule. All filings with the agency are public unless system-restricted or filed with restricted access. Electronic filing does not affect public access to agency files. 16.13(2) Closed hearings. For proceedings in which a party has elected the right to a closed he…

document management system used to upload and file documentation related to elections, internal conduct of employee organizations, contracts, impasse requests, and other documents as prescribed by the agency. 16.14(1) Registration. a. Registration required. Employers, certified e…

“Agency record” means for all cases the electronic files maintained in EDMS, filings the agency maintains in paper form when permitted by these rules, and exhibits and other materials filed with or delivered to and maintained by the agency. “Confidential” means agency files, docu…

password. 16.3(1) Registration. a. Registration required. Every individual filing documents or viewing or downloading filed documents must register as a registered user of the electronic document management system. b. How to register. To register, the individual must complete the…

16.4(1) Electronic filing mandatory. Unless otherwise required or authorized by these rules, documents in all proceedings and documents required to be filed pursuant to 621—Chapter 8 must be filed using the agency’s electronic document management system. 16.4(2) Exceptions. a. A …

16.5(1) Conversion of paper documents filed. If the board allows a party to file paper documents in accordance with paragraph 16.4(2)“c,” the agency will convert the filed documents to an electronic format viewable to registered users of the electronic document management system.…

16.6(1) Date of filing. An electronic filing may be made any day of the week, including holidays and weekends, and any time of the day the electronic document management system is available. 16.6(2) Time of filing. A document is timely filed if it is filed before midnight on the …

16.7(1) Registered user. A username and password accompanied by a digitized, electronic, or nonelectronic signature serve as the registered user’s signature on all electronically filed documents. 16.7(2) Documents requiring oaths, affirmations or verifications. Any document filed…

16.8(1) Responsibilities of filers generally. a. Prior to filing any document, the registered user shall ensure that the document is certified as confidential or the confidential information is omitted or redacted in accordance with 621—subrule 2.13(2), and that protected informa…

16.9(1) Format. All documents must be converted to a PDF before they are filed in EDMS. Documents submitted must be properly scanned, which includes having the pages in the correct order and facing right-side up and having the scanned content of the document be legible. 16.9(2) S…

employee or an employee covered by a collective bargaining agreement, may file an appeal with the public employment relations board for adverse employment action taken as a result of the employee’s disclosure of information protected by Iowa Code section 70A.28. [ARC 4459C, IAB 5…

17.2(1) Timeline. The employee must file the appeal within 30 calendar days following the later of the effective date of the action or the date a finding is issued to the employee by the office of ombudsman pursuant to Iowa Code section 2C.11A. 17.2(2) Method of filing. Appeals s…

department of administrative services director (hereinafter referred to as the director) by ordinary mail in the manner specified in rules 621—2.15(20) and 621—16.10(20). [ARC 4459C, IAB 5/22/19, effective 6/26/19]

17.4(1) The appeal shall contain the following: a. Name, address, telephone number, and email address of the appealing employee; b. Name of agency/department by which the appealing employee is/was employed; c. A brief statement of the reasons for the employee’s appeal; d. A state…

17.5(1) The director shall have 15 days from the date of service of the employee’s appeal in which to file a motion or answer with the agency. 17.5(2) The motion or answer shall contain the following: a. The names of the appealing employee and the employing agency/department; b. …

Iowa Code section 70A.28 has a right to a hearing which is closed to the public unless the employee requests a hearing open to the public. Hearings will otherwise be conducted in accordance with 621— Chapter 2. [ARC 4459C, IAB 5/22/19, effective 6/26/19]

17.7(1) When a majority of the board presides at the reception of the evidence in a state employee whistleblower action proceeding, the decision of the board is the final decision of the agency. 17.7(2) When a majority of the board does not preside at the reception of the evidenc…

in accordance with 621—Chapter 9. [ARC 4459C, IAB 5/22/19, effective 6/26/19]

chapter shall be governed by the general provisions of the rules of the agency. [ARC 4459C, IAB 5/22/19, effective 6/26/19] These rules are intended to implement Iowa Code chapters 20 and 70A. [Filed ARC 4459C (Notice ARC 4364C, IAB 3/27/19), IAB 5/22/19, effective 6/26/19]…

administrative law judge shall fix the time and place for all hearings. Hearings may be conducted by the board, or by one or more of its members, or by an administrative law judge designated by the board. At their discretion the board or administrative law judge may order a prehe…

arguments may be presented by the parties with such time limits as determined by the board or administrative law judge. Briefs may be filed in such order and within such time limits as set by the board or administrative law judge.

administrative law judge may order the sequestration of witnesses in any proceeding.

2.12(1) Attendance of witnesses. The board, an administrative law judge, or an arbitrator selected pursuant to Iowa Code section 20.22 shall issue subpoenas to compel the attendance of witnesses and the production of relevant records upon written application of any party filed wi…

2.13(1) Form. All documents which relate to any proceeding before the agency should be typewritten and bear the docket number of the proceeding to which it relates. Such documents may be single- or double-spaced at the option of the submitting party. 2.13(2) Confidential informat…

suggested for use in practice before the board: 2.14(1) In prohibited practice proceedings: Before the Public Employment Relations Board 2.14(2) In proceedings pursuant to a petition: Before the Public Employment Relations Board

2.15(1) Service—upon whom made. Whenever under these rules nonelectronic service is required or permitted to be made upon a person or party, such service shall be as follows: a. Upon any city, or board, commission, council or agency thereof, by serving the mayor, city clerk, city…

administrative law judge may consolidate for hearing any cases which involve common questions of law or fact.

as authorized by Iowa Code section 20.31, a mediator, arbitrator, administrative law judge, member of the board or other officer or employee of the board shall not testify on behalf of any party to a prohibited practice, representation or impasse resolution proceeding, pending in…

judge shall be filed and served in accordance with 621—Chapter 16. [ARC 1583C, IAB 8/20/14, effective 9/24/14]

board and served upon all interested parties pursuant to rule 621—2.15(20). The board may in its discretion and on such terms as it deems proper, grant or deny an application.

agency. The notice shall include: 2.2(1) A statement of the date, time, place and nature of the hearing. 2.2(2) A statement of the legal authority and jurisdiction under which the hearing is to be held. 2.2(3) A reference to the particular sections of the statutes and rules invol…

2.20(1) Prohibited communications. Unless required for the disposition of ex parte matters specifically authorized by statute, a presiding officer in a contested case, or in proceedings on a petition for declaratory order in which there are two or more parties, shall not communic…

2.21(1) Initial payment. The agency may arrange for a certified shorthand reporter to report the contested case hearing and request that an original transcript of the hearing be prepared by the reporter for the agency’s use. The agency initially shall pay the reporter’s reasonabl…

prosecution if, after receiving notice by certified mail, the parties do not show good cause why the case should be retained.

parties in reaching a settlement of any dispute which is the subject of an adjudicatory proceeding. However, no party shall be required to participate in mediation or settle the dispute pursuant to this rule. An administrative law judge assisting the parties under this rule shall…

contested case or a proceeding that may culminate in a contested case shall be inadmissible at the hearing thereon. [ARC 1773C, IAB 12/10/14, effective 1/14/15] These rules are intended to implement Iowa Code chapter 20. [Filed 3/4/75] [Filed 10/29/76, Notice 9/22/76—published 11…

2.3(1) If a party fails to appear or participate in a contested case hearing after proper service of notice, the presiding officer may, if no continuance is granted, enter a default decision or proceed with the hearing and render a decision in the absence of the party. 2.3(2) Def…

proceeding before the public employment relations board. An application for intervention shall be in writing, except that applications made during a hearing may be made orally to the hearing officer, and shall contain a statement of the reasons for such intervention. When an appl…

board or an administrative law judge, with the reasons therefor set out in said order, and notice thereof to all parties. Parties may, upon written application to the board prior to commencement of the hearing or other proceeding, or oral application to the administrative law jud…

behalf, or by its designated representative. Designated representatives shall file a notice of appearance with the board for each case in which they appear for a party. Filing of pleadings on behalf of a party shall be equivalent to filing a notice of appearance. All persons appe…

Procedure Act. Any objection with respect to the conduct of the hearing, including an objection to the introduction of evidence, may be stated orally or in writing, accompanied by a short statement of the grounds of such objection, and included in the record. No such objection sh…

2.8(1) Order of procedure. The following is the order of procedure for hearings before the agency: a. The employer shall present its evidence first in unit determination hearings. b. The complainant shall present its evidence first and shall have the burden of proof in prohibited…

not ex parte, upon motion at any time prior to the decision. Allowance of such amendments, including those to conform to the proof, shall be within the discretion of the board or administrative law judge. The board or administrative law judge may impose terms, or grant a continua…