Iowa Administrative Code

its affirmative action plan. 68.4(1) Affirmative action plan. The plan shall be distributed to agency employees charged with the responsibility for its implementation and be made available to other agency employees and the public upon request. 68.4(2) Affirmative action statement…

68.5(1) Each agency shall annually submit an affirmative action report and plan for approval to the department at the time specified by the department that shall conform to the standards specified in these rules. 68.5(2) Each agency may be required to submit progress reports in a…

complaints. The director shall have the authority to investigate practices prohibited under the “Equal Opportunity, Affirmative Action, and Anti-Discrimination Policy for Executive Branch Employees” and the “Policy Prohibiting Sexual Harassment for Executive Branch Employees,” ad…

relating to sexual harassment awareness, prevention and reporting. Executive branch state employees shall complete sexual harassment training on an annual basis as provided by the department. [ARC 4244C, IAB 1/16/19, effective 2/20/19] These rules are intended to implement Iowa C…

by the department of administrative services or by the division of administrative hearings in the department of inspections and appeals on behalf of the department. Excepted from this chapter are matters covered by rule 11—60.2(8A), disciplinary actions; rule 11—61.1(8A), grievan…

7.10(1) Consolidation. The presiding officer may, upon motion by any party or the presiding officer’s own 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…

7.11(1) Pleadings may be required by rule, by the notice of hearing or by order of the presiding officer. 7.11(2) Petition. When an action of the department is appealed and pleadings are required under subrule 7.11(1), the aggrieved party shall file the petition. a. Any required …

7.12(1) When service is required. Except where otherwise specifically authorized by law, every pleading, motion, document or other paper filed in the contested case proceeding and every paper relating to discovery in the proceeding shall be served upon each of the parties to the …

7.13(1) Pursuant to Iowa Code section 17A.13, discovery procedures applicable in civil actions are applicable in contested cases. Unless lengthened or shortened by rules of the department or by a ruling by the presiding officer, time periods for compliance with discovery shall be…

7.14(1) Issuance. a. Pursuant to Iowa Code subsection 17A.13(1), a department subpoena shall be issued to a party on request unless subrule 7.14(1), paragraph “d,” applies. A request may be either oral or in writing. In the absence of good cause for permitting later action, a wri…

7.15(1) No technical form is required for motions. Prehearing motions, however, must be written, state the grounds for relief and state the relief sought. Any motion for summary judgment shall be filed in compliance with the requirements of Iowa Rule of Civil Procedure 1.981. 7.1…

7.16(1) Any party may request a prehearing conference. A request for prehearing conference or an order for prehearing conference on the presiding officer’s own motion shall be filed in writing and served on all parties of record not less than ten days prior to the hearing date. A…

presiding officer. 7.17(1) A written application for continuance shall: a. Be made before the hearing; b. State the specific reasons for the request; and c. Be signed by the requesting party or the requesting party’s representative. 7.17(2) If the presiding officer waives the req…

action may withdraw prior to the hearing only in accordance with department rules. Requests for withdrawal may be oral or written. If the request is oral, the presiding officer may require the party to submit a written request after the oral request. Unless otherwise provided, a …

7.19(1) Motion. A motion for leave to intervene shall be served on all parties and 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…

“Administrative law judge (ALJ)” means an employee of the administrative hearings division of the department of inspections and appeals who presides over contested cases and other proceedings. “Contested case” means a proceeding defined by Iowa Code section 17A.2(5) and includes …

7.20(1) The appointed presiding officer in a contested case proceeding shall preside at the hearing and may: a. Rule on motions; b. Require the parties to submit briefs; c. Issue a proposed decision; and d. Issue orders and rulings to ensure the orderly conduct of the proceedings…

7.21(1) The presiding officer shall rule on admissibility of evidence in accordance with Iowa Code section 17A.14 and may take official notice of facts pursuant to Iowa Code subsection 17A.14(4). 7.21(2) Stipulation of facts is encouraged. The presiding officer may make a decisio…

7.22(1) If a party fails to appear 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 make a decision in the absence of the party. 7.22(2) Where appropria…

7.23(1) Ex parte communication is prohibited as provided in Iowa Code section 17A.17. Parties or their representatives and the presiding officer shall not communicate directly or indirectly in connection with any issue of fact or law in a contested case except upon notice and an …

printed transcript of the hearing when a record of the hearing is requested. The cost of preparing the tape or transcript shall be paid by the requesting party. Parties who request that a hearing be recorded by certified shorthand reporters shall bear the cost, unless otherwise p…

director or the director’s designee may review an interlocutory order of the presiding officer. In determining whether to do so, the director shall weigh the extent to which the granting of the interlocutory appeal would expedite final resolution of the case and the extent to whi…

7.26(1) Final decision of department. When the department presides over the reception of evidence at the hearing, its decision is a final decision. 7.26(2) Proposed decision. When the department does not preside at the reception of evidence, the presiding officer shall make a pro…

7.27(1) Appeal by party. Any adversely affected party may appeal a proposed decision to the director within 14 days after issuance of the proposed decision. 7.27(2) Review. The director may initiate review of a proposed decision on the director’s own motion at any time within 21 …

7.28(1) By whom filed. Any party to a contested case proceeding may file an application for rehearing from a final order. 7.28(2) Content of application. The application for rehearing shall state on whose behalf it is filed, the specific grounds for rehearing, and the relief soug…

7.29(1) When available. a. Any party to a contested case proceeding may petition the department for a stay of an order issued in that proceeding or for other temporary remedies, pending review by the department. The petition shall be filed with the notice of appeal and shall stat…

7.3(1) Time shall be computed as provided in Iowa Code subsection 4.1(34). 7.3(2) For good cause, the presiding officer may extend or shorten the time to take any action, except as provided otherwise by rule or law. Except for good cause stated in the record, before extending or …

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…

7.31(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 department may issue a written order in compliance with Iowa Code secti…

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 department action in question. The request for a conte…

7.5(1) Delivery. Delivery of the notice of hearing constitutes the commencement of the contested case proceeding. Notices shall be served by first-class mail, unless otherwise required by statute or rule. 7.5(2) Content. Notices of hearing shall contain the information required b…

7.6(1) An administrative law judge shall have the following technical expertise unless waived by the department. a. A license to practice law in the state of Iowa; b. Three years’ experience as an administrative law judge; and c. For a hearing related to procurement, knowledge of…

proceeding may waive any provision of this chapter pursuant to Iowa Code section 17A.10. However, the department in its discretion may refuse to give effect to such a waiver when it deems the waiver to be inconsistent with the public interest.

telephone or video conference call pursuant to a notice of hearing or an order of the presiding officer. The presiding officer shall determine the location of the parties and witnesses in telephone or video hearings. The convenience of the witnesses or parties, as well as the nat…

7.9(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, …

program. The intent of the campaign is to provide an opportunity for state employees to contribute to eligible charitable agencies through the state’s payroll deduction process, to ensure funds are contributed to an entity that complies with the definition of a charitable organiz…

“Campaign administrator” means the individual appointed by the director to administer the combined charitable campaign program. “Charitable agency” means an agency or federation of agencies that is eligible to receive contributions which may be deducted on the contributor’s Iowa …

71.3(1) Solicitation period. The solicitation period shall fall within the period of September 1 through September 30, although that period may be extended with the approval of the director. 71.3(2) Workplace solicitation. Individual charitable agencies or federations of agencies…

the program. The state accounting enterprise shall serve as the campaign’s fiscal agent. It shall be the sole responsibility of the campaign administrator to determine, using the criteria set forth in these rules, which charitable agencies or federations of agencies shall be elig…

71.6(1) Criteria to be included in campaign. Any charitable agency or federation of agencies may participate in the campaign provided it meets the following criteria: a. Be a charitable agency as defined in rule 11—71.2(8A). b. Make available to the general public and the campaig…

administrative services for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the Department of Administrative Services, Hoover State Office Building, Third Floor, Des Moines, Iowa 50319, Attn: L…

declaratory order must contain the date of its issuance, the name of petitioner and all intervenors, the specific statutes, rules, policies, decisions, or orders involved, the particular facts upon which it is based, and the reasons for its conclusion. A declaratory order is effe…

order shall be mailed promptly to the original petitioner and all intervenors.

as a final order issued in a contested case proceeding. It is binding on the department of administrative services, the petitioner, and any intervenors and is applicable only in circumstances where the relevant facts and the law involved are indistinguishable from those on which …

the department of administrative services shall give notice of the petition to all persons not served by the petitioner pursuant to rule 11—8.6(17A) to whom notice is required by any provision of law. The department of administrative services may also give notice to any other per…

8.3(1) Persons who qualify under any applicable provision of law as an intervenor and who file a petition for intervention within 20 days of the filing of a petition for declaratory order and before the 30- day time for department action under rule 11—8.8(17A) shall be allowed to…