Iowa Administrative Code

presiding officer.

to the presiding officer. 20.17(1) A written application for a continuance shall: a. Be made at the earliest possible time and no less than seven days (or other time period designated by the board of regents) before the hearing except in case of unanticipated emergencies; b. Stat…

prior to the hearing only in accordance with board of regents rules. Unless otherwise provided, a withdrawal shall be with prejudice.

20.19(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. 20.19(2) All objections shall be timely made and stated on the recor…

“Contested case” means a proceeding defined by Iowa Code section 17A.2(5) and includes any matter defined as a no factual dispute contested case under 1998 Iowa Acts, chapter 1202, section 14. “Issuance” means the date of mailing of a decision or order or date of delivery if serv…

20.20(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. 20.20(2) Stipulation of facts is encouraged. The presiding officer may make a decision based on …

20.21(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. 20.21…

20.22(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 rep…

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…

of regents may review an interlocutory order of the presiding officer. In determining whether to do so, the board of regents shall weigh the extent to which its granting the interlocutory appeal would expedite final resolution of the case and the extent to which review of that in…

20.25(1) When the board of regents presides over the reception of evidence at the hearing, its decision is a final decision. 20.25(2) When the board of regents does not preside at the reception of evidence, the presiding officer shall make a proposed decision. The proposed decisi…

20.26(1) Appeal by party. Any adversely affected party may appeal a proposed decision in a case involving an appeal of action or proposed action by a regent institution, to the president or superintendent of the regent institution within 20 days after issuance of the proposed dec…

20.27(1) Appeal by party. Any adversely affected party may appeal the president or superintendent’s decision to the board of regents within 10 days after issuance of the decision. In the case of an appeal of initial action by the board of regents, any adversely affected party may…

20.28(1) By whom filed. Any party to a contested case proceeding may file an application for rehearing from a final order. 20.28(2) Content of application. The application for rehearing shall state on whose behalf it is filed, the specific grounds for rehearing, and the relief so…

20.29(1) When available. a. Any party to a contested case proceeding may petition the board of regents for a stay of an order issued in that proceeding or for other temporary remedies, pending review by the board of regents. The petition shall be filed with the notice of appeal a…

20.3(1) Time shall be computed as provided in Iowa Code subsection 4.1(34). 20.3(2) For good cause, the presiding officer may extend or shorten the time to take any action, except as precluded by statute. Except for good cause stated in the record, before extending or shortening …

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…

20.31(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 board of regents may issue a written order in compliance with Iowa Cod…

contested case proceeding shall file a written request for such a proceeding within the time specified by the particular rules or statutes governing the subject matter or, in the absence of such law, the time specified in the board of regents or regent institution action in quest…

20.5(1) Delivery. Delivery of the notice of hearing constitutes the commencement of the contested case proceeding. Delivery may be executed by: a. Personal service as provided in the Iowa Rules of Civil Procedure; or b. Certified mail, return receipt requested; or c. First-class …

20.6(1) Any party who wishes to request that the presiding officer assigned to render a proposed decision be an administrative law judge employed by the department of inspections and appeals must file a written request within 20 days after service of a notice of hearing which ide…

proceeding may waive any provision of this chapter. However, the board of regents, in its discretion may refuse to give effect to such a waiver when it deems the waiver to be inconsistent with the public interest. When a regent institution provides for procedures for handling con…

motions by telephone conference in which all parties have an opportunity to participate. Other telephone proceedings may be held with the consent of all parties. The presiding officer will determine the location of the parties and witnesses for telephone hearings. The convenience…

20.9(1) A presiding officer or other person shall withdraw from participation in the making of any proposed or final decision in a contested case if that person: a. Has a personal bias or prejudice concerning a party or a representative of a party; b. Has personally investigated,…

Code chapter 8A, subchapter IV, related to merit staff employment to establish an efficient, effective and uniform system of human resources administration for board of regents institutions and staff, to provide equal employment opportunity for all and career opportunities compar…

accordance with these rules whenever practicable and feasible. This rule is intended to implement Iowa Code sections 8A.402 and 8A.413.

3.102(1) Reassignments. Employees with the approval of the resident director may be reassigned at any time from one position to another in the same class within an institution, except that probationary employees who were certified to fill their position on the basis of special qu…

classification, the resident director may, upon written request from the employee and with the approval of involved departments, effect such a demotion provided the employee is certified by the resident director as meeting the qualifications required for the lower classification.…

3.104(1) Resignations. a. To resign in good standing employees must notify the employing department of their intention to resign in writing at least 14 days prior to the effective date of resignation, except in cases where the employing department agrees to a shorter period of no…

DISCIPLINARY ACTIONS

any of the reasons specified in Iowa Code section 8A.413(16), or as established by board of regents or institutional policies. [ARC 4850C, IAB 1/1/20, effective 2/5/20]

to the seriousness of the offense; however, this will not preclude reasonable penalties of varying severity for an accumulation of offenses. 3.116(1) Suspension. The employing department may, for cause in accordance with 681—3.115(8A), suspend any employee for such length of time…

GRIEVANCES AND APPEALS

appeal an action concerning the form or content of the application or an examination. The applicant will first discuss the matter with the resident director and, if not satisfied with the explanation and decision given, may within 14 days after the occurrence of the alleged viola…

not satisfied with the decision rendered at that step, employees may pursue their appeal in accordance with the grievance procedure. 3.116(3) Demotion. An employing department may, for cause in accordance with 681—3.115(8A), demote an employee to a vacant position in a lower clas…

VACATIONS AND LEAVES OF ABSENCE

“Active service” is a period of paid employment performing the duties of the position. “Advanced starting rate” is a rate within the pay grade which is greater than the minimum rate of the pay grade for a specific classification as provided for in the approved pay plan. “Backgrou…

regarding attendance that they deem necessary in accordance with these rules and the policy and rules of their institution, and such schedules and rules will be made known to affected employees.

provided by law. Employees will be entitled to take only that vacation time which they have accrued and while employee preferences will be given major consideration, employing departments will have final authority to schedule vacations. Permanent and probationary part-time employ…

the board of regents, consistent with institutional policies and procedures. [ARC 4850C, IAB 1/1/20, effective 2/5/20]

law and will be entitled to such leave on presentation of satisfactory evidence, when requested. Permanent part-time employees will accrue sick leave in an amount equivalent to their fractional employment, and no employees will be granted sick leave in excess of their accumulatio…

provided by law, with pay not to exceed 30 workdays in a calendar year. [ARC 4850C, IAB 1/1/20, effective 2/5/20]

federal law (Family and Medical Leave Act) and board of regents and institutional policies and procedures. [ARC 4850C, IAB 1/1/20, effective 2/5/20]

authority, employees appear as witnesses or serve as members of juries in any public or private litigation, they will be entitled to their regular compensation provided they surrender to their employing institution any pay they receive, other than reimbursement for travel or pers…

working hours during which the polls are open, any person entitled to vote in a public election is entitled to time off from work with pay on any public election day for a period not to exceed three hours in length. Application for time off for voting should be made to the employ…

evidence presented, grant an employee time off with pay: 1. Not to exceed three days for each occurrence in the case of death in the employee’s immediate family; 2. Not to exceed one day for each occurrence for service as a pallbearer at the funeral of a person not a member of th…

and with approval of the resident director, a department head may grant an employee’s requests for a leave of absence without pay for up to one year. With the same approval, such a leave may be extended for no more than one additional year. On conclusion of a leave of absence wit…

CLASSIFICATION

election leaves as provided by law.

appointing authority, an employee who is a certified disaster service volunteer for the American Red Cross may, at the request of the American Red Cross, be granted leave with pay to participate in disaster relief services relating to a disaster in the state of Iowa. Such leave s…