CHAPTER 7
CONSTRUCTION CONTRACTOR REGISTRATION
APPEALS
486—7.1(91C) Appeals.
	7.1(1)  Form and time of appeal. Any contractor aggrieved by a citation or notice of proposed administrative penalty shall notify the commissioner, within 15 working days from the date of receipt of the notice, that the contractor intends to contest the citation or proposed penalty. The commissioner shall, within two working days of receipt of the notice of contest, transmit the original notice of contest to the employment appeal board, together with all records and documents contained in the administrative file except the agency work product. The contest (hereinafter called appeal) must be in writing, signed by the respondent or authorized agent. If an appeal is signed by an authorized agent, the name of the respondent shall be shown at the end of the appeal, followed by a signature of the authorized agent.
	7.1(2)  Taking the appeal. An appeal shall be deemed filed on the date it is delivered to the employment appeal board. If mailed, the postmark date, appearing on a properly addressed envelope, if postage was prepaid, shall constitute the filing date.
	7.1(3)  Hearing date and notice. Upon receipt of the appeal, a hearing date shall be established and notice of the hearing shall be mailed, by ordinary mail, to the parties not less than ten days prior to the hearing date.
	7.1(4)  Continuances. Requests for continuance of a hearing must be made not less than three days before the scheduled hearing date. The request must be in writing and signed by the requesting party or authorized representative. Each party shall be granted only one continuance, unless good cause is established as determined by the chairperson of the appeal board or assigned administrative law judge.
	7.1(5)  Hearing. The hearing may be conducted by a quorum of the employment appeal board or by an administrative law judge designated by the employment appeal board. A quorum of the appeal board shall be two members.
	7.1(6)  Procedures during hearings. The hearing shall be conducted in an informal manner as provided under Iowa Code section 17A.12.
	7.1(7)  Decisions. When the employment appeal board presides at the reception of the evidence in a contested case, the decision of the employment appeal board is a final decision. If the hearing is conducted by an administrative law judge, the decision shall be a proposed decision, which shall become the final decision 20 days after the issue date of the decision, unless the appeal board reverses, modifies, or remands the proposed decision.
	7.1(8)  Hearings and further appeals. The decision of the administrative law judge is a proposed decision and shall become the final decision of the employment appeal board unless a request for further consideration is filed by the aggrieved party within 20 days.
The decision of the employment appeal board is the final decision of the agency. An application for rehearing, as provided by Iowa Code section 17A.16(2), must be filed within 20 days of the date of the employment appeal board decision. The applications shall be in writing, stating specific grounds for the rehearing, and signed by the aggrieved party or representative.
An application for rehearing shall be deemed denied unless acted upon by the appeal board within 20 days after its receipt by the appeal board.
The decision of the appeal board shall become final, without further review, unless within 60 days a petition for judicial review is filed in the appropriate district court. A petition for judicial review may be filed within 60 days after an application for rehearing has been denied or deemed denied.
This rule is intended to implement Iowa Code section 10A.601 and Iowa Code chapter 91C.
[Filed 2/16/89, Notice 11/16/89—published 3/8/89, effective 4/12/89]
[Filed emergency 4/26/90—published 5/16/90, effective 4/26/90]
[Filed 4/24/90, Notice 2/7/90—published 5/16/90, effective 6/20/90]
[Filed emergency 6/20/90—published 7/11/90, effective 6/20/90]