Iowa Administrative Code

may issue an investigative report that may include findings of fact and legal analysis. The report will result in one or more of the following: 1. An investigative closure, 2. A probable cause or no probable cause recommendation to an administrative law judge, or 3. A no jurisdic…

protective orders in case files when necessary. [ARC 8198C, IAB 8/21/24, effective 9/25/24]

3.37(1) Application of rule. This rule applies to subpoenas served before a notice of contested case hearing pursuant to rule 161—4.2(17A). 3.37(2) Prior to notice of hearing. Subpoenas may be issued by the executive director or designee before a notice of a contested case hearin…

3.38(1) If a case file is sent to an administrative law judge for a probable cause or no probable cause determination, all parties will be notified of the outcome by written order. The agency will mail the order to all parties. 3.38(2) Where the administrative law judge rejects t…

3.39(1) If the administrative law judge makes a probable cause determination, a staff member shall be assigned to attempt resolution of the case through conciliation. All parties shall be notified of the time and date of any conciliation. 3.39(2) The agency will work with the com…

3.4(1) Amendment of complaint. a. Complaints or any part thereof may be amended by the complainant or agency prior to the contested case hearing. Complaints may be amended to include additional allegations discovered during investigation. The issues at the contested case hearing …

3.43(1) Issuance of right-to-sue letter. For a right-to-sue letter to be issued, the request must be submitted in writing by the complainant or the complainant’s attorney and include the corresponding state and federal case numbers. After a right-to-sue letter has been issued, th…

3.46(1) Withdrawal of complaint. A complainant may withdraw any part of a complaint prior to notice of a contested case hearing. After notice of a contested hearing, a complainant may only withdraw a complaint or any part of a complaint at the administrative law judge’s discretio…

3.47(1) Periodic evaluation of evidence. The executive director or designee may periodically review the complaint to determine whether further processing is warranted. When the periodic review occurs prior to the determination of probable cause, then the tier one standard in subr…

the complaint upon the respondent within 20 days by mail or electronic mail. In the absence of a response from the first named respondent within 90 days, the agency shall serve the complaint on the first-named respondent by certified mail within 20 days and inform complainant by …

3.50(1) Request for reopening of case file within 30 days. a. Within 30 days following the notice of the conclusion of the investigation, a party can file an intra- agency appeal. The party shall state the reasons in writing for appeal and submit any additional documentation. b. …

3.56(1) Disclosure of the existence or contents of a case file is prohibited, except: a. Upon filing an appeal in district court of a final action, parties and their attorneys may access their case file. b. When a case has been set for a contested case hearing and notice has been…

3.57(1) Conflicts prohibited. The administrative law judge designated to issue a determination will not serve as administrative law judge in the contested case hearing for the same case file. 3.57(2) Injunctions. If the executive director determines that a complainant may be irre…

3.6(1) Duty to preserve. When a complaint has been served on a respondent, the respondent shall preserve all records relevant to the investigation until the complaint is finally adjudicated, including but not limited to: a. Any books, papers, documents, applications, forms, or re…

4.1(1) Scope and applicability. This chapter applies to contested case proceedings conducted by the Iowa civil rights commission. 4.1(2) Prosecutory representative of commission. The commission’s case in support of the complaint shall be presented by the attorney or agent of the …

4.10(1) Subject matter of conference. Upon the presiding officer’s own motion or the motion of the parties, the presiding officer may direct the parties or their counsel to meet with the presiding officer for a conference to consider: a. Simplification of the issues; b. Necessity…

the presiding officer. 4.11(1) Written or oral motions for continuance. A written motion 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…

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 or by order of the presiding officer. The presiding officer will determine the location of the parties and witnesses fo…

4.13(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,…

4.14(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 repr…

all powers necessary to the conduct of a fair and impartial hearing including, but not limited to, the power to: 1. Conduct formal hearings in accordance with the provisions of this chapter; 2. Administer oaths and examine witnesses; 3. Compel the production of documents and appe…

4.16(1) Objections. All objections shall be timely made and stated in the record. Any objection not duly made before the presiding officer shall be deemed waived. 4.16(2) Representation of parties. Parties have the right to participate or to be represented in all hearings or preh…

4.17(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. 4.17(2) Stipulation of facts is encouraged. The presiding officer may make a decision based on st…

4.18(1) Discovery regarding past sexual practices. In a contested case alleging conduct which constitutes sexual harassment, a party seeking discovery of information concerning the complainant’s sexual conduct with persons other than the person who committed the alleged act of se…

or any portion of the record at cost. The cost of preparing a copy of the record shall be paid by the requesting party.

4.2(1) Statement of charges. a. Where conciliation efforts fail and it is determined that the record justifies proceeding to hearing, the commission’s attorney or the executive director shall prepare a written statement of charges in support of the complaint and forward it to the…

4.20(1) In general. The presiding officer may fix times for submission of posthearing briefs. Unless otherwise ordered by the presiding officer, such briefs shall be filed simultaneously by all parties and there shall be no page limit nor any other formal requirements. 4.20(2) Re…

4.21(1) In general. A party may request the taking of additional evidence only by establishing that the evidence is material, that good cause existed for failure to present the evidence at the hearing, and that the party has not waived the right to present the evidence. 4.21(2) A…

4.22(1) Written decision. After a review of the transcript, the evidence, and the briefs, the presiding officer shall set forth, in writing, findings of fact, conclusions of law, and a proposed decision and order. The proposed decision becomes the final decision of the commission…

4.23(1) Appeal by party. Any adversely affected party may appeal a proposed decision to the commission within 30 days after issuance of the proposed decision. 4.23(2) Review. The commission may initiate review of a proposed decision on its own motion at any time within 60 days fo…

4.24(1) In general. Whenever the commission reviews a proposed decision, it has all the power it would have in initially making the final decision. The commission may adopt, modify or reject the presiding officer’s proposed decision or it may remand the case to the presiding offi…

commission may review an interlocutory order of the presiding officer. In determining whether to do so, the commission 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 interloc…

4.26(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 in …

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…

4.28(1) Retention of jurisdiction. In any final decision in which it is determined that the complainant is entitled to an award of attorney’s fees, but the actual amount has not yet been determined, there is, by operation of this rule, an express retention of jurisdiction of the …

4.29(1) By presiding officer. Upon notice to all parties, the presiding officer may, with respect to matters pending before the presiding officer, modify or waive any rule herein upon a determination that no party will be prejudiced and that the ends of justice will be served. 4.…

4.3(1) Any notice of hearing, petition, statement of charges, or other charging document may be amended before a responsive pleading has been filed. Amendments to pleadings after a responsive pleading has been filed and to an answer may be allowed with the consent of the other pa…

4.30(1) By whom filed. Any party to a contested case proceeding may file an application for rehearing from a final order. 4.30(2) Content of application. The application for rehearing shall state on whose behalf it is filed, the specific grounds for rehearing, and the relief soug…

designee may, at its discretion, convene a hearing: whenever a problem of discrimination arises; in order to expedite the disposition of preliminary matters in any action before it; or when in the judgment of the commission, executive director, or designee, the circumstances warr…

4.32(1) General rule. If the complainant or the commission prevails in the hearing, the respondent shall pay the “contested case costs” incurred by the commission. If the respondent prevails in the hearing, the commission shall itself bear the “contested case costs” incurred by t…

commission shall be perfected pursuant to the provisions of Iowa Code section 216.17 and Iowa Code chapter 17A. These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapter 216. [Filed 4/20/72; amended 7/9/74, 10/7/…

4.4(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. 4.4(2) …

4.5(1) Grounds for consolidation. The presiding officer may, upon motion, consolidate any or all matters at issue in two or more contested case proceedings where: a. The matters at issue involve common parties or common questions of fact or law; b. Consolidation would expedite an…

4.6(1) When service required. Except where otherwise provided by law, every pleading, motion, document, or other paper filed in a contested case proceeding and every other paper relating to discovery in such a proceeding shall be served upon each of the parties of record to the p…