CHAPTER 7
APPEALS AND HEARINGS
[Ch 7, July 1973 IDR Supplement, renumbered as Ch 81]
[Prior to 7/1/83, Social Services[770] Ch 7]
[Prior to 2/11/87, Human Services[498]]
Preamble
This chapter applies to contested case proceedings conducted by or on behalf of the department.
441—7.1(17A) Definitions.
“Administrative hearing” means a type of hearing that an appellant may elect in which the presiding officer reviews the written record only and makes a decision based on the facts available within the appeal file. An administrative hearing does not require an in-person or teleconference hearing. The final determination to establish whether an administrative hearing may be held will be made by the appeals section or the presiding officer.
“Administrative law judge” means an employee of the department of inspections and appeals who conducts appeal hearings.
“Agency” means the Iowa department of human services, including any of its local, institutional, or central administrative offices.
“Aggrieved person” means a person against whom the department has taken an adverse action. This includes a person who meets any of the following conditions:
	1.	For financial assistance (including the family investment program, refugee cash assistance, child care assistance, emergency or disaster assistance, family or community self-sufficiency grants, family investment program hardship exemptions, and state supplementary assistance dependent person, in-home health related care, and residential care facility benefits), a person:
	●	Whose request to be given an application was denied.
	●	Whose application for assistance has been denied or has not been acted on in a timely manner.
	●	Who contests the effective date of assistance.
	●	Who contests the amount of benefits granted.
	●	Who has been notified that there will be a reduction or cancellation of assistance.
	●	Who has been notified that an overpayment of benefits has been established and repayment is requested.
	2.	For food assistance, a person:
	●	Whose request to be given an application was denied.
	●	Whose application has been denied or has not been acted on in a timely manner.
	●	Who contests the effective date of assistance.
	●	Who contests the amount of benefits granted.
	●	Who has been notified that there will be a reduction or cancellation of benefits.
	●	Whose request to receive a credit for benefits from an electronic benefit transfer (EBT) account has been denied.
	●	Who has been notified that an overpayment of benefits has been established and repayment is requested.
	3.	For medical assistance, healthy and well kids in Iowa, IowaCare, family planning services, and waiver services, a person (see numbered paragraph “7” for providers):
	●	Whose request to be given an application was denied.
	●	Whose application has been denied or has not been acted on in a timely manner.
	●	Who has been notified that level of care requirements have not been met.
	●	Who has been aggrieved by a failure to take into account the appellant’s choice in assignment to a coverage group.
	●	Who contests the effective date of assistance, services, or premium payments.
	●	Who contests the amount of health insurance premium payments, healthy and well kids in Iowa premium payments, Medicaid for employed people with disabilities premium payments, IowaCare premium payments, or the spenddown amount under the medically needy program.
	●	Who contests the amount of client participation.
	●	Whose claim for payment or prior authorization has been denied.
	●	Who has been notified that the reconsideration process has been exhausted and who remains dissatisfied with the outcome.
	●	Who has received notice from the medical assistance hotline that services not received or services for which an individual is being billed are not payable by medical assistance.
	●	Who has been notified that there will be a reduction or cancellation of assistance or waiver services.
	●	Who has been notified that an overpayment of benefits has been established and repayment is requested.
	●	Who has been denied requested nonemergency medical transportation services by the broker designated by the department pursuant to rule 441—78.13(249A) and has exhausted the grievance procedures established by the broker pursuant to 441—subrule 78.13(7).
	4.	For social services, including, but not limited to, adoption, foster care, and family-centered services, a person (see numbered paragraph “7” for providers):
	●	Whose request to be given an application was denied.
	●	Whose application for services or payment for adoption subsidy or foster care has been denied or has not been acted on in a timely manner.
	●	For whom it is determined that the person must participate in a service program.
	●	Whose claim for payment of services has been denied.
	●	Who has been notified that a protective or vendor payment will be established.
	●	Who has been notified that there will be a reduction or cancellation of services.
	●	Who has been notified that an overpayment of services has been established and repayment is requested.
	●	Who applies for an adoption subsidy after the adoption has been finalized.
	●	Who alleges that the adoptive placement of a child has been denied or delayed when an adoptive family is available outside the jurisdiction with responsibility for handling the child’s case.
	●	Who has not been referred to community care as provided in rule 441—186.2(234).
	●	Who has been referred to community care as provided in rule 441—186.2(234) and has exhausted the community care provider’s dispute resolution process.
	●	Who has been referred to aftercare services under 441—Chapter 187 and has exhausted the aftercare provider’s dispute resolution process.
	5.	For child support recovery, a person:
	●	Who is not entitled to a support payment in full or in part because of the date of collection, as provided under rule 441—95.13(17A), or whose dispute based on the date of collection has not been acted on in a timely manner.
	●	Who is contesting a claim or offset as provided in 441—subrule 95.6(3), 95.7(8), or 98.81(3) by alleging a mistake of fact. “Mistake of fact” means a mistake in the identity of the obligor or whether the delinquency meets the criteria for referral or submission. The issue on appeal shall be limited to a mistake of fact. Any other issue may be determined only by a court of competent jurisdiction.
	●	Whose name has been certified for passport sanction as provided in Iowa Code section 252B.5.
	●	Who has been notified that there will be a termination in services as provided in rule 441—95.14(252B).
	6.	For PROMISE JOBS, a person:
	●	Whose claim for participation allowances has been denied, reduced, or canceled.
	●	Who claims that the contents of the family investment agreement are not sufficient or necessary for the family to reach self-sufficiency.
	●	Who is dissatisfied with the results of informal grievance resolution procedures, or who fails or refuses to receive informal grievance resolution procedures.
	●	Who has been notified that PROMISE JOBS services will be canceled due to imposition of a limited benefit plan.
	●	Who has been notified that an overpayment of benefits has been established and repayment is requested.
	●	Who alleges acts of discrimination on the basis of race, creed, color, sex, age, physical or mental disability, religion, national origin, or political belief.
	●	Who claims displacement by a PROMISE JOBS participant.
	7.	For providers, a person or entity:
	●	Whose license, certification, registration, approval, or accreditation has been denied or revoked or has not been acted on in a timely manner.
	●	Whose claim for payment or request for prior authorization of payment has been denied in whole or in part and who states that the denial was not made according to department policy. Providers of Medicaid services must accept reimbursement based on the department’s methodology.
	●	Whose contract as a Medicaid patient manager has been terminated.
	●	Who has been subject to the withholding of a payment to recover a prior overpayment or who has received an order to repay an overpayment pursuant to 441—subrule 79.4(7).
	●	Who has been notified that the managed care reconsideration process has been exhausted and who remains dissatisfied with the outcome.
	●	Whose application for child care quality rating has not been acted upon in a timely fashion, who disagrees with the department’s quality rating decision, or whose certificate of quality rating has been revoked.
	●	Who has been subject to an adverse action related to the Iowa electronic health record incentive program pursuant to rule 441—79.16(249A).
	8.	For the child or dependent adult abuse registry, juvenile sex offender registry or criminal record check evaluation, a person:
	●	Who has requested correction of child abuse or dependent adult abuse information.
	●	Who has been restricted from or denied employment in a health care facility, state institution, or other facility based on a record check. “Employment” includes, but is not limited to, service as an employee, a volunteer, a provider, or a contractor. “Facilities” include, but are not limited to, county or multicounty juvenile detention homes and juvenile shelter care homes, child-placing agencies, substance abuse treatment programs, group living foster care facilities, child development homes, child care centers, state resource centers, mental health institutes, and state training schools.
	●	Who is contesting a risk assessment decision as provided in rule 441—103.34(692A) by alleging that the risk assessment factors have not been properly applied, the information relied upon to support the assessment findings is inaccurate, or the procedures were not correctly followed.
	9.	For mental health and developmental disabilities, a person:
	●	Whose application for state payment under 441—Chapter 153, Division IV, has been denied or has not been acted upon in a timely manner.
	●	Who has been notified that there will be a reduction or cancellation of services under the state payment program.
	10.	For HIPAA (Health Insurance Portability and Accountability Act) decisions, a current or former applicant or recipient of Medicaid or HAWK-I, or a person currently or previously in a department facility whose request:
	●	To restrict use or disclosure of protected health information was denied.
	●	To change how protected health information is provided was denied.
	●	For access to protected health information was denied. When the denial is subject to reconsideration under 441—paragraph 9.9(1)“i,” persons denied access due to a licensed health care professional’s opinion that the information would constitute a danger to that person or another person must first exhaust the reconsideration process.
	●	To amend protected health information was denied.
	●	For an accounting of disclosures was denied.
	11.	For drug manufacturers, a manufacturer that has received a notice of decision regarding disputed drug rebates pursuant to the dispute resolution procedures of a national drug rebate agreement or an Iowa Medicaid supplemental drug rebate agreement.
	12.	Individuals and providers that are not listed in paragraphs “1” to “11” may meet the definition of an aggrieved person if the department has taken an adverse action against that individual or provider.
“Appeal” denotes a review and hearing request made by a person who is affected by a decision made by the agency or its designee. An appeal shall be considered a contested case within the meaning of Iowa Code chapter 17A.
“Appeals advisory committee” means a committee consisting of central office staff who represent the department in the screening of proposed decisions for the director.
“Appeals section” means the unit within the department of human services that receives appeal requests, certifies requests for hearing, and issues final appeal decisions.
“Appellant” denotes the person who claims or asserts a right or demand or the party who takes an appeal from a hearing to an Iowa district court.
“Attribution appeal” means an appeal to determine if additional resources can be allocated for the community spouse when the other spouse has entered a medical institution or is applying for home-and community-based waiver services. The result of the attribution appeal may affect Medicaid eligibility. An appellant may elect to have an attribution appeal held by administrative hearing.
“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 Iowa Code section 17A.10A.
“Department” means the Iowa department of human services.
“Department of inspections and appeals” means the state agency which contracts with the department to conduct appeal hearings.
“Due process” denotes the right of a person affected by an agency decision to receive a notice of decision and an opportunity to be heard at an appeal hearing and to present an effective defense.
“Ex parte communication” means written, oral, or other forms of communication between a party to the appeal and the presiding officer while an appeal is pending when all parties were not given the opportunity to participate.
“Food assistance administrative disqualification hearing” means a type of hearing used to determine if an individual fraudulently received benefits for which the individual was not eligible. A presiding officer shall determine if the individual will be banned from participating in the food assistance program for a period of time.
“In person or face-to-face hearing” means an appeal hearing conducted by an administrative law judge who is physically present in the same location as the appellant.
“Intentional program violation” means deliberately making a false or misleading statement; or misrepresenting, concealing, or withholding facts; or committing any act that is a violation of the Food and Nutrition Act of 2008, food assistance program regulations, or any state law relating to the use, presentation, transfer, acquisition, receipt, possession, or trafficking of an electronic benefit transfer (EBT) card. An intentional program violation is determined through a food assistance administrative disqualification hearing. The hearing may result in a period of ineligibility for the program, a claim for overpayment of benefits, or both.
“Issues of fact or judgment” denotes disputed issues of facts or of the application of state or federal law or policy to the facts of the individual’s personal situation.
“Issues of policy” denotes issues of the legality, fairness, equity, or constitutionality of state or federal law or agency policy where the facts and applicability of the law or policy are undisputed.
“Joint or group hearings” denotes an opportunity for several persons to present their case jointly when all have the same complaint against agency policy.
“Local office” means the county, institution or district office of the department of human services.
“Presiding officer” means an administrative law judge employed by the department of inspections and appeals. The presiding officer may also be the department’s director or the director’s designee. The presiding officer has the authority to conduct appeal hearings and render proposed and final decisions.
“Presumption” denotes an inference as to the existence of a fact not known or drawn from facts that are known.
“PROMISE JOBS discrimination complaint” means any written complaint filed in accordance with the provisions of rule 441—7.8(17A) by a PROMISE JOBS participant or the participant’s representative which alleges that an adverse action was taken against the participant on the basis of race, creed, color, sex, national origin, religion, age, physical or mental disability, or political belief.
“PROMISE JOBS displacement grievance” means any written complaint filed with a PROMISE JOBS contractee by regular employees or their representatives which alleges that the work assignment of an individual under the PROMISE JOBS program violates any of the prohibitions against displacement of regular workers described in rule 441—93.17(239B).
“Reconsideration” means a review process that must be exhausted before an appeal hearing is granted. Such review processes include, but are not limited to, a reconsideration request through the Iowa Medicaid enterprise or its subcontractors, Magellan Behavioral Health Care, a health maintenance organization, a prepaid health plan, medical assistance patient management services, the managed health care review committee, a division or bureau within the department, the mental health and developmental disabilities commission, or a licensed health care professional as specified in 441—paragraph 9.9(1)“i.” Once the reconsideration process is complete, a notice of decision will be issued with appeal rights.
“Teleconference hearing” means an appeal hearing conducted by an administrative law judge over the telephone.
“Timely notice period” is the time from the date a notice is mailed to the effective date of action. That period of time shall be at least ten calendar days, except in the case of probable fraud of the appellant. When probable fraud of the appellant exists, “timely notice period” shall be at least five calendar days from the date a notice is sent by certified mail.
“Vendor” means a provider of health care under the medical assistance program or a provider of services under a service program.
[ARC 8003B, IAB 7/29/09, effective 9/2/09; ARC 8994B, IAB 8/11/10, effective 10/1/10; ARC 9254B, IAB 12/1/10, effective 1/1/11; ARC 0304C, IAB 9/5/12, effective 11/1/12]
441—7.2(17A) Application of rules. Rescinded IAB 7/29/09, effective 9/2/09.
441—7.3(17A) Presiding officer. Appeal hearings shall be conducted by a presiding officer appointed by the department of inspections and appeals pursuant to Iowa Code section 10A.801. The presiding officer shall not be connected in any way with the previous actions or decisions on which the appeal is made. Nor shall the presiding officer be subject to the authority, direction, or discretion of any person who has prosecuted or advocated in connection with that case, the specific controversy underlying that case, or any pending factually related contested case or controversy involving the same parties.
441—7.4(17A) Notification of hearing procedures. Hearing procedures shall be published in the form of rules and shall be made available to all applicants, recipients, appellants, and other interested groups and individuals. Procedures for hearings shall be identified in the notice of hearing issued to all parties as provided in subrule 7.10(7).
441—7.5(17A) The right to appeal. Any person or group of persons may file an appeal with the department concerning any issue. The department shall determine whether a hearing shall be granted.
	7.5(1) When a hearing is granted. A hearing shall be granted to any appellant when the right to a hearing is granted by state or federal law or Constitution, except as limited in subrules 7.5(2) and 7.5(4).
	7.5(2) When a hearing is not granted. A hearing shall not be granted when:
	a. 	One of the following issues is appealed:
	(1)	The service is no longer available through the department.
	(2)	Repayment of food assistance benefits as a result of trafficking has been requested on Form 470-4179, Notice of Food Assistance Trafficking Debt.
	(3)	Payment for a medical claim has been made in accordance with the Medicaid payment schedule for the service billed.
	(4)	Children have been removed from or placed in a specific foster care setting.
	(5)	Children have not been placed with or have been removed from a preadoptive family.
	(6)	A qualified provider or qualified entity has denied a person presumptive eligibility for Medicaid under 441—subrule 75.1(30), 75.1(40), or 75.1(44).
	(7)	A qualified provider or qualified entity has determined a person to be presumptively eligible for Medicaid under 441—subrule 75.1(30), 75.1(40), or 75.1(44), but presumptive eligibility ends due to the person’s failure to file an application.
	(8)	Notice has been issued from the treasury offset program for a food assistance overpayment.
	(9)	A rate determination has been reviewed under rule 441—152.3(234).
	(10)	The maximum provider rate ceiling has been contested for child care assistance under 441—subrule 170.4(7).
	(11)	The risk pool board has accepted or rejected an application for assistance from the risk pool fund or the tobacco settlement fund risk pool fund in whole or in part under rules 441—25.66(426B) and 441—25.77(78GA,ch1221).
	(12)	The appellant has a complaint about child support recovery matters other than those described in numbered paragraph “5” of the definition of an aggrieved person in rule 441—7.1(17A). This includes collection of an annual fee for child support services as specified in Iowa Code chapter 252B.
	(13)	The appellant has a complaint about a local office employee (when this is the only issue of the appeal).
	(14)	A request for an exception to policy under 441—subrule 1.8(1) has been denied.
	(15)	A final decision from a previous hearing with a presiding officer has been implemented.
	(16)	The issue appealed is not eligible for further hearing based on the doctrine of issue preclusion.
	(17)	The appeal involves patient treatment interventions outlined in the patient handbook of the civil commitment unit for sexual offenders.
	b. 	Either state or federal law requires automatic grant adjustment for classes of recipients. The director of the department shall decide whether to grant a hearing in these cases. When the reason for an individual appeal is incorrect grant computation in the application of these automatic adjustments, a hearing may be granted.
	c. 	State or federal law or regulation provides for a different forum for appeals.
	d. 	The appeal is filed prematurely as:
	(1)	There is no adverse action by the department, or
	(2)	The appellant has not exhausted the reconsideration process.
	e. 	Upon review, it is determined that the appellant does not meet the criteria of an aggrieved person as defined in rule 441—7.1(17A).
	f. 	The sole basis for denying, terminating or limiting assistance under 441—Chapter 47 or 441—Chapter 58 is that funds for the respective programs have been reduced, exhausted, eliminated or otherwise encumbered.
	g. 	The appellant is an “aggrieved party” as defined in rule 441—22.1(225C) and is eligible for a compliance hearing with the mental health and developmental disabilities commission in accordance with rule 441—22.5(225C).
	h. 	The issue appealed is moot.
	i. 	The issue appealed has previously been determined in another appeal by the same appellant.
	7.5(3) Group hearings. The department may respond to a series of individual requests for hearings by requesting the department of inspections and appeals to conduct a single group hearing in cases in which the sole issue involved is one of state or federal law or policy or change in state or federal law or policy. An appellant scheduled for a group hearing may withdraw and request an individual hearing.
	7.5(4) Time limit for granting hearing to an appeal. Subject to the provisions of subrule 7.5(1), when an appeal is made, the granting of a hearing to that appeal shall be governed by the following timeliness standards:
	a. 	General standards. In general, a hearing shall be held if the appeal is made within 30 days after official notification of an action or before the effective date of action. When the appeal is made more than 30 days but less than 90 days after notification, the director shall determine whether a hearing shall be granted.
	(1)	The director may grant a hearing if one or more of the following conditions existed:
	1.	There was a serious illness or death of the appellant or a member of the appellant’s family.
	2.	There was a family emergency or household disaster, such as a fire, flood, or tornado.
	3.	The appellant offers a good cause beyond the appellant’s control, which can be substantiated.
	4.	There was a failure to receive the department’s notification for a reason not attributable to the appellant. Lack of a forwarding address is attributable to the appellant. A hearing may be granted if an appellant provides proof that a forwarding address was not supplied due to fear of domestic violence, homelessness, or other good cause.
	(2)	The time in which to appeal an agency action shall not exceed 90 days. Appeals made more than 90 days after notification shall not be heard.
	(3)	The day after the official notice is mailed is the first day of the period within which an appeal must be filed. When the time limit for filing falls on a holiday or a weekend, the time will be extended to the next workday.
	b. 	Food assistance standard. For appeals regarding food assistance, a hearing shall be held if the appeal is made within 90 days after official notification of an action.
	c. 	Offset standards. For appeals regarding state or federal tax or debtor offsets, a hearing shall be held if the appeal is made within 15 days after official notification of the action. Counties have 30 days to appeal offsets, as provided in 441—paragraph 14.4(1)“e.” When the appeal is made more than 15 days but less than 90 days after notification, the director shall determine whether a hearing shall be granted.
	(1)	The director may grant a hearing if one or more of the following conditions existed:
	1.	There was a serious illness or death of the appellant or a member of the appellant’s family.
	2.	There was a family emergency or household disaster, such as a fire, flood, or tornado.
	3.	The appellant offers a good cause beyond the appellant’s control, which can be substantiated.
	4.	There was a failure to receive the department’s notification for a reason not attributable to the appellant. Lack of a forwarding address is attributable to the appellant. A hearing may be granted if an appellant provides proof that a forwarding address was not supplied due to fear of domestic violence, homelessness, or other good cause.
	(2)	The time in which to appeal an offset action shall not exceed 90 days. Appeals made more than 90 days after notification shall not be heard.
	(3)	The day after the official notice is mailed is the first day of the period within which an appeal must be filed. When the time limit for filing falls on a holiday or a weekend, the time will be extended to the next workday.
	d. 	Abuse standard.
	(1)	For appeals regarding dependent adult abuse, a hearing shall be held if the appeal is made within six months after official notification of the action as provided in Iowa Code section 235B.10.
	(2)	For appeals regarding child abuse, a hearing shall be held if the appeal is made within 90 days after official notification of the action as provided in Iowa Code section 235A.19 as amended by 2011 Iowa Acts, House File 562.
	(3)	The day after the official notice is mailed is the first day of the period within which an appeal must be filed. When the time limit for filing falls on a holiday or a weekend, the time will be extended to the next workday.
	e. 	Displacement and discrimination standard. PROMISE JOBS displacement and discrimination appeals shall be granted hearing on the following basis:
	(1)	An appeal of an informal grievance resolution on a PROMISE JOBS displacement grievance shall be made in writing within 10 days of issuance (i.e., mailing) of the resolution decision or within 24 days of the filing of the displacement grievance, whichever is the shorter time period, unless good cause for late filing as described in subparagraph 7.5(4)“a”(1) is found.
	(2)	An appeal of a PROMISE JOBS discrimination complaint shall be made within the time frames provided in paragraph 7.5(4)“a” in relation to the action alleged to have involved discrimination.
	f. 	Risk assessment standard. An appeal of a sex offender risk assessment shall be made in writing within 14 calendar days of issuance of the notice.
	7.5(5) Informal settlements. The time limit for submitting an appeal is not extended while attempts at informal settlement are in progress. Prehearing conferences are provided for at subrules 7.7(4) and 7.8(4).
	7.5(6) Appeals of family investment program (FIP), refugee cash assistance (RCA), and PROMISE JOBS overpayments.
	a. 	Subject to the time limits described in subrule 7.5(4), a person’s right to appeal the existence, computation, and amount of a FIP, RCA, or PROMISE JOBS overpayment begins when the department sends the first notice informing the person of the overpayment. The notice shall be sent on:
	1.	Form 470-2616, Demand Letter for FIP/RCA Agency Error Overissuance;
	2.	Form 470-3490, Demand Letter for FIP/RCA Client Error Overissuance;
	3.	Form 470-3990, Demand Letter for PROMISE JOBS Agency Error Overissuance;
	4.	Form 470-3991, Demand Letter for PROMISE JOBS Client Error Overissuance; or
	5.	Form 470-3992, Demand Letter for PROMISE JOBS Provider Error Overissuance.
	b. 	A hearing shall not be held if an appeal is filed in response to a second or subsequent notice as identified in paragraph “a.”
	c. 	Subject to the time limits described in subrule 7.5(4), a person’s right to appeal the recovery of an overpayment through benefit reduction, as described at rule 441—46.25(239B), but not the existence, computation, or amount of an overpayment, begins when the person receives Form 470-0485, 470-0485(S), 470-0486, or 470-0486(S), Notice of Decision, informing the person that benefits will be reduced to recover a FIP or RCA overpayment.
	7.5(7) Appeals of Medicaid, state supplementary assistance (SSA), and HAWK-I program overpayments.
	a. 	Subject to the time limits described in subrule 7.5(4), a person’s right to appeal the existence and amount of a medical assistance, state supplementary assistance, or healthy and well kids in Iowa (HAWK-I) program overpayment begins when the department sends the first notice informing the person of the overpayment. The notice shall be sent on:
	(1)	Form 470-2891, Notice of Medical Assistance Overpayment; or
	(2)	Form 470-3984, Notice of Healthy and Well Kids in Iowa (HAWK-I) Overpayment.
	b. 	A hearing shall not be held if an appeal is filed in response to a second or subsequent notice as identified in paragraph “a.”
	7.5(8) Appeal rights under the family investment program limited benefit plan. A participant only has the right to appeal the establishment of the limited benefit plan once at the time the department issues the timely and adequate notice that establishes the limited benefit plan. However, when the reason for the appeal is based on an incorrect grant computation, an error in determining the eligible group, or another worker error, a hearing shall be granted when the appeal otherwise meets the criteria for hearing.
	7.5(9) Appeals of child care assistance benefit overissuances or overpayments.
	a. 	Subject to the time limits described in subrule 7.5(4), a person’s right to appeal the existence, computation, and amount of a child care assistance benefit overissuance or overpayment begins when the department sends the first notice informing the person of the child care assistance overpayment. The notice shall be sent on Form 470-4530, Notice of Child Care Assistance Overpayment.
	b. 	A hearing shall not be held if an appeal is filed in response to a second or subsequent notice about the same overpayment.
	7.5(10) Appeals of food assistance overpayments.
	a. 	Subject to the time limits described in subrule 7.5(4), a person’s right to appeal the existence, computation, and amount of a food assistance overpayment begins when the department sends the first notice informing the person of the food assistance overpayment. The notice shall be sent on:
	(1)	Form 470-0338, Demand Letter for Food Assistance Agency Error Overissuance;
	(2)	Form 470-3486, Demand Letter for Food Assistance Intentional Program Violation Overissuance; or
	(3)	Form 470-3487, Demand Letter for Food Assistance Inadvertent Household Error Overissuance.
	b. 	Subject to the time limits described in subrule 7.5(4), a person’s right to appeal the recovery of an overpayment through benefit reduction, but not the existence, computation, or amount of an overpayment, begins when the person receives Form 470-0485, 470-0485(S), 470-0486, or 470-0486(S), Notice of Decision, informing the person that benefits will be reduced to recover a food assistance overpayment.
[ARC 8003B, IAB 7/29/09, effective 9/2/09; ARC 8439B, IAB 1/13/10, effective 3/1/10; ARC 9698B, IAB 9/7/11, effective 8/15/11; ARC 0304C, IAB 9/5/12, effective 11/1/12]
441—7.6(17A) Informing persons of their rights.
	7.6(1) Written and oral notification. The department shall advise each applicant and recipient of the right to appeal any adverse decision affecting the person’s status.
	a. 	Written notification of the following shall be given at the time of application and at the time of any agency action affecting the claim for assistance:
	(1)	The right to request a hearing.
	(2)	The procedure for requesting a hearing.
	(3)	The right to be represented by others at the hearing unless otherwise specified by statute or federal regulation.
	(4)	Provisions, if any, for payment of legal fees by the department.
	b. 	Written notification shall be given on the application form and on all notices of decisions. Oral explanation shall also be given regarding the policy on appeals during the application process and at the time of any contemplated action by the agency when the need for an explanation is indicated.
	c. 	Persons not familiar with English shall be provided a translation into the language understood by them in written form or orally. Appellants are entitled to have an interpreter present during appeal hearings. In all cases when a person is illiterate or semiliterate, the person shall be advised of each right to the satisfaction of the person’s understanding.
	7.6(2) Representation. All persons shall be advised that they may be represented at hearings by others, including legal counsel, relatives, friends, or any other spokesperson of choice, unless otherwise specified by statute or federal regulations. The department shall advise the persons of any legal services which may be available and that the person may be represented by counsel at the person’s own expense.
[ARC 8003B, IAB 7/29/09, effective 9/2/09]
441—7.7(17A) Notice of intent to approve, deny, terminate, reduce, or suspend assistance or deny reinstatement of assistance.
	7.7(1) Notification.
	a. 	Whenever the department proposes to cancel or reduce assistance or services or to revoke a license, certification, approval, registration, or accreditation, it shall give timely and adequate notice of the pending action, except:
	(1)	When a service is deleted from the state’s comprehensive annual service plan in the social services block grant program at the onset of a new program year, or
	(2)	As provided in subrule 7.7(2).
	b. 	For the purpose of this subrule, “assistance” includes food assistance, medical assistance, the family investment program, refugee cash assistance, child care assistance, emergency assistance, family or community self-sufficiency grant, PROMISE JOBS, state supplementary assistance, healthy and well kids in Iowa (HAWK-I) program, foster care, adoption, aftercare services, or other programs or services provided by the department.
	c. 	The department shall give adequate notice of the approval or denial of assistance or services; the approval or denial of a license, certification, approval, registration, or accreditation; and pending action for a state or federal tax or debtor offset.
	d. 	“Timely” means that the notice is mailed at least ten calendar days before the date the action would become effective. The timely notice period shall begin on the day after the notice is mailed.
	e. 	“Adequate” means a written notice that includes:
	(1)	A statement of what action is being taken,
	(2)	The reasons for the intended action,
	(3)	The manual chapter number and subheading supporting the action and the corresponding rule reference,
	(4)	An explanation of the appellant’s right to appeal, and
	(5)	The circumstances under which assistance is continued when an appeal is filed.
	7.7(2) Dispensing with timely notice. Timely notice may be dispensed with, but adequate notice shall be sent no later than the date benefits would have been issued when:
	a. 	There is factual information confirming the death of a recipient or of the family investment program payee when there is no relative available to serve as a new payee.
	b. 	The recipient provides a clear written, signed statement that the recipient no longer wishes assistance, or gives information which requires termination or reduction of assistance, and the recipient has indicated, in writing, that the recipient understands this must be the consequence of supplying the information.
	c. 	The recipient has been admitted or committed to an institution which does not qualify for payment under an assistance program.
	d. 	The recipient has been placed in skilled nursing care, intermediate care, or long-term hospitalization.
	e. 	The recipient’s whereabouts are unknown and mail directed to the recipient has been returned by the post office indicating no known forwarding address. When the recipient’s whereabouts become known during the payment period covered by the returned warrant, the warrant shall be made available to the recipient.
	f. 	The agency establishes that the recipient has been accepted for assistance in another state.
	g. 	Cash assistance or food assistance is changed because a child is removed from the home as a result of a judicial determination or is voluntarily placed in foster care.
	h. 	A change in the level of medical care is prescribed by the recipient’s physician.
	i. 	A special allowance or service granted for a specific period is terminated and the recipient has been informed in writing at the time of initiation that the allowance or service shall terminate at the end of the specified period.
	j. 	Rescinded, effective 2/1/84.
	k. 	The department terminates or reduces benefits or makes changes based on a completed Form 470-2881, 470-2881(S), 470-2881(M), or 470-4083(MS), Review/Recertification Eligibility Document, as described at 441—paragraph 40.27(1)“b”or rule 441—75.52(249A).
	l. 	The agency terminates benefits for failure to return a completed report form, as described in paragraph “k.”
	m. 	The agency approves or denies an application for assistance.
	n. 	The agency implements a mass change based on law or rule changes that affect a group of recipients.
	7.7(3) Action due to probable fraud. When the agency obtains facts indicating that assistance should be canceled, suspended, or reduced because of the probable fraud of the recipient, and, where possible, the facts have been verified through collateral sources, notice of the action shall be timely when mailed at least five calendar days before the action would become effective. The notice shall be sent by certified mail, return receipt requested.
	7.7(4) Conference during the timely notice period. During the timely notice period, the appellant may have a conference to discuss the situation and the agency shall provide a full explanation of the reasons for the pending action and give the recipient an opportunity to offer facts to support the contention that the pending action is not warranted. The appellant may be accompanied by a representative, legal counsel, friend or other person and this person may represent the appellant when the appellant is not able to be present unless otherwise specified by statute or federal regulation.
	7.7(5) Notification not required. Notification is not required in the following instances:
	a. 	When services in the social service block grant preexpenditure report are changed from one plan year to the next, or when the plan is amended because funds are no longer available.
	b. 	When service has been time-limited in the social service block grant preexpenditure report, and as a result the service is no longer available.
	c. 	When the placement of a person(s) in foster care is changed.
	d. 	When payment has been in accordance with the Medicaid payment schedule for the service billed because there is no adverse action.
	e. 	When services of the community self-sufficiency grant project are available to all PROMISE JOBS participants as specified in 441—subrule 47.46(1).
	7.7(6) Reinstatement.
	a. 	Whenever the department determines that a previously canceled case must remain canceled for a reason other than that covered by the original notice, timely and adequate notice shall be sent except as specified in subrule 7.7(2).
	b. 	Whenever the department determines that a previously canceled case is eligible for reinstatement at a lower level of benefits, for a reason other than that covered by the original notice, timely and adequate notice shall be sent except as specified in subrule 7.7(2).
	c. 	Food assistance cases are eligible for reinstatement only in circumstances found in rule 441—65.44(234). FIP cases are eligible for reinstatement only in circumstances found in 441—subrule 40.22(5).
[ARC 8003B, IAB 7/29/09, effective 9/2/09]
441—7.8(17A) Opportunity for hearing.
	7.8(1) Initiating an appeal. To initiate an appeal, a person or the person’s authorized representative must state in writing that the person disagrees with a decision, action, or failure to act on the person’s case.
	a. 	All appeals shall be made in writing, except for food assistance appeals, which may be made orally.
	b. 	The written request may be sent or delivered by any means to the appeals section, to the local office, or to the office that took the adverse action.
	c. 	The oral request may be made to the appeals section or to the department office that took the adverse action.
	7.8(2) Filing the appeal. The appellant shall be encouraged, but not required, to make written appeal on Form 470-0487 or 470-0487(S), Appeal and Request for Hearing, and the worker shall provide any instructions or assistance required in completing the form. When the appellant is unwilling to complete or sign this form, nothing in this rule shall be construed to preclude the right to perfect the appeal, as long as the appeal is in writing (except for food assistance appeals) and has been communicated to the department by the appellant or appellant’s representative.
A written appeal is filed on the date postmarked on the envelope sent to the department, or, when the postmarked envelope is not available, on the date the appeal is stamped received by the agency. Receipt date of all appeals shall be documented by the office where the appeal is received.
	7.8(3) Rescinded IAB 12/13/89, effective 2/1/90.
	7.8(4) Prehearing conference. When desired by the appellant, a prehearing conference with a representative of the local office or the office which took the action appealed shall be held as soon as possible after the appeal has been filed. An appellant’s representative shall be allowed to attend and participate in the conference, unless precluded by federal rule or state statute.
The purpose of the prehearing conference is to provide information as to the reasons for the intended adverse action, to answer questions, to explain the basis for the adverse action, to provide an opportunity for the appellant to explain the appellant’s action or position, and to provide an opportunity for the appellant to examine the contents of the case record plus all documents and records to be used by the department at the hearing in accordance with 441—Chapter 9. A conference need not be requested for the appellant to have access to the records as provided in subrule 7.13(1) and 441—Chapter 9.
	7.8(5) Interference. The prehearing conference shall not be used to discourage appellants from proceeding with their appeals. The right of appeal shall not be limited or interfered with in any way, even though the person’s complaint may be without basis in fact, or because of the person’s own misinterpretation of law, agency policy, or methods of implementing policy.
	7.8(6) Right of the department to deny or dismiss an appeal. The department or the department of inspections and appeals has the right to deny or dismiss the appeal when:
	a. 	It has been withdrawn by the appellant in writing.
	b. 	The sole issue is one of state or federal law requiring automatic grant adjustments for classes of recipients.
	c. 	It has been abandoned.
	d. 	The agency, by written notice, withdraws the action appealed and restores the appellant’s status which existed before the action appealed was taken.
	e. 	The agency implements action and issues a notice of decision to correct an error made by the agency which resulted in the appeal.
Abandonment may be deemed to have occurred when the appellant, or the appellant’s authorized representative fails, without good cause, to appear at the hearing.
	7.8(7) Denial of due process. Facts of harassing, threats of prosecution, denial of pertinent information needed by the appellant in preparing the appeal, as a result of the appellant’s communicated desire to proceed with the appeal shall be taken into consideration by the administrative law judge in reaching a proposed decision.
	7.8(8) Withdrawal. When the appellant desires to voluntarily withdraw an appeal, the worker, the presiding officer, or the appeals section shall request a clear, written statement from the appellant to withdraw the appeal. The appellant may use Form 470-0492 or 470-0492(S), Request for Withdrawal of Appeal, for this purpose.
	7.8(9) Department’s responsibilities. Unless the appeal is voluntarily withdrawn, the department worker or agent responsible for representing the department at the hearing shall:
	a. 	Within one working day of receipt, complete the worker information section of Form 470-0487 or 470-0487(S), Appeal and Request for Hearing, and forward that form, the written appeal, the postmarked envelope, if there is one, and a copy of the notification of the proposed adverse action to the appeals section.
	b. 	Forward a summary and supporting documentation of the worker’s factual basis for the proposed action to the appeals section within ten days of the receipt of the appeal.
	c. 	Provide the appellant and the appellant’s representative copies of all materials sent to the appeals section or the presiding officer to be considered in reaching a decision on the appeal at the same time as the materials are sent to the appeals section or the presiding officer.
[ARC 8003B, IAB 7/29/09, effective 9/2/09]
441—7.9(17A) Continuation of assistance pending a final decision on appeal.
	7.9(1) When assistance continues. Assistance shall not be suspended, reduced, restricted, or canceled, nor shall a license, registration, certification, approval, or accreditation be revoked, or other proposed adverse action be taken pending a final decision on an appeal when:
	a. 	An appeal is filed within the timely notice period.
	b. 	The appellant requests a hearing within ten days from the date adequate notice is issued for cancellation or reduction of food assistance, family investment program, or medical assistance benefits, based on the completed report form, including:
	(1)	Review/Recertification Eligibility Document, Form 470-2881, 470-2881(S), 470-2881(M), or 470-4083(MS).
	(2)	Transitional Medicaid Notice of Decision/Quarterly Income Report, Form 470-2663, 470-2663(S), 470-2663(M), or 470-2663(MS).
	c. 	If it is determined at a hearing that the issue involves only federal or state law or policy, assistance will be immediately discontinued.
	7.9(2) When assistance does not continue. The adverse action appealed to suspend, reduce, restrict, or cancel assistance; revoke a license, registration, certification, approval, or accreditation; or take other proposed action may be implemented pending a final decision on appeal when:
	a. 	An appeal is not filed within the timely notice period.
	b. 	The appellant does not request a hearing within ten days from the date adequate notice is issued based on the completed monthly report.
	c. 	Benefits or services were time limited through a certification period or prior authorization for which notice was given when established or for which adequate notice was provided.
	d.  and e.  Rescinded IAB 4/30/03, effective 7/1/03.
	f. 	The appellant directs the worker in writing to proceed with the intended action.
	7.9(3) Recovery of excess assistance paid pending a final decision on appeal. Continued assistance is subject to recovery by the department if its action is affirmed, except as specified at subrule 7.9(5).
When the department action is sustained, excess assistance paid pending a hearing decision shall be recovered to the date of the decision. This recovery is not an appealable issue. However, appeals may be heard on the computation of excess assistance paid pending a hearing decision.
	7.9(4) Recovery of excess assistance paid when the appellant’s benefits are changed prior to a final decision. Recovery of excess assistance paid will be made to the date of change which affects the improper payment. The recovery shall be made when the appellant’s benefits are changed due to one of the following reasons:
	a. 	A determination is made at the hearing that the sole issue is one of state or federal law or policy or change in state or federal law or policy and not one of incorrect grant computation, and the grant is adjusted.
	b. 	A change affecting the appellant’s grant occurs while the hearing decision is pending and the appellant fails to request a hearing after notice of the change.
	7.9(5) Recovery of assistance when a new limited benefit plan is established. Assistance issued pending the final decision of the appeal is not subject to recovery when a new limited benefit plan period is established. A new limited benefit plan period shall be established when the department is affirmed in a timely appeal of the establishment of the limited benefit plan. All of the following conditions shall exist:
	a. 	The appeal is filed within the timely notice period of the notice of decision establishing the beginning date of the LBP.
	b. 	Assistance is continued pending the final decision of the appeal.
	c. 	The department’s action is affirmed.
[ARC 8003B, IAB 7/29/09, effective 9/2/09]
441—7.10(17A) Procedural considerations. Upon receipt of the notice of appeal, the department shall:
	7.10(1) Registration. Register the appeal.
	7.10(2) Acknowledgment. Send an acknowledgment of receipt of the appeal to the appellant, representative, or both.
A copy of the acknowledgment of receipt of appeal will be sent to the appropriate departmental office.
	7.10(3) Granting a hearing. The department shall determine whether an appellant may be granted a hearing and the issues to be discussed at that hearing in accordance with the applicable rules, state statutes, or federal regulations.
	a. 	The appeals of those appellants who are granted a hearing shall be certified to the department of inspections and appeals for the hearing to be conducted. The department shall indicate at the time of certification the issues to be discussed at that hearing.
	b. 	The appeals of those appellants who are denied a hearing shall not be closed until issuance of a letter to the appellant and the appellant’s representative, advising of the denial of hearing and the basis upon which that denial is made. Any appellant that disagrees with a denial of hearing may present additional information relative to the reason for denial and request reconsideration by the department or a hearing over the denial.
	7.10(4) Hearing scheduled. For those records certified for hearing, the department of inspections and appeals shall establish the date, time, method and place of the hearing, with due regard for the convenience of the appellant as set forth in department of inspections and appeals rules 481—Chapter 10 unless otherwise designated by federal or state statute or regulation.
	a. 	In cases involving individual appellants, the hearing shall be held by teleconference call or in the appropriate department office.
	b. 	In cases of appeals by vendors or agencies, the hearing shall be scheduled by teleconference call or at the most appropriate department office.
	c. 	In cases involving the determination of the community spouse resource allowance, the hearing shall be held within 30 days of the date of the appeal request.
	d. 	In cases involving an appeal of a sex offender risk assessment, the hearing shall be held within 30 days of the date of the appeal request.
	e. 	Emergency assistance appeals shall be expedited.
	7.10(5) Method of hearing. The department of inspections and appeals shall determine whether the appeal hearing is to be conducted in person, by videoconference or by teleconference call. The parties to the appeal may participate from multiple sites for videoconference or teleconference hearings. Any appellant is entitled to an in-person hearing if the appellant requests one. All parties shall be granted the same rights during a teleconference hearing as specified in 441—7.13(17A). The appellant may request to have a presiding officer render a decision for attribution appeals through an administrative hearing.
	7.10(6) Reschedule requests. Requests by the appellant or the department to set another date, time, method or place of hearing shall be made to the department of inspections and appeals directly except as otherwise noted. The granting of the requests will be at the discretion of the department of inspections and appeals.
	a. 	The appellant may request that the teleconference hearing be rescheduled as an in-person hearing. All requests made to the department or to the department of inspections and appeals for a teleconference hearing to be rescheduled as an in-person hearing shall be granted. Any appellant request for an in-person hearing made to the department shall be communicated to the department of inspections and appeals immediately.
	b. 	All other requests concerning the scheduling of a hearing shall be made to the department of inspections and appeals directly.
	7.10(7) Notification. For those appeals certified for hearing, the department of inspections and appeals shall send a notice to the appellant at least ten calendar days in advance of the hearing date.
	a. 	The notice, as prescribed in Iowa Code section 17A.12(2), shall set forth:
	(1)	The date, time, method and place of the hearing;
	(2)	That evidence may be presented orally or documented to establish pertinent facts; and
	(3)	That the appellant may question or refute any testimony, may bring witnesses of the appellant’s choice and may be represented by others, including an attorney, subject to federal law and state statute. The department will not pay for the cost of legal representation.
	b. 	A copy of this notice shall be forwarded to the department employee who took the action and to other persons when circumstances peculiar to the case indicate that the notification may be desirable.
	c. 	Notices of hearing regarding an intentional program violation shall be served upon the appellant both by certified mail, return receipt requested, and by first-class mail, postage prepaid, addressed to the appellant at the last-known address. All other notices of hearing shall be mailed by first-class mail, postage prepaid, addressed to the appellant at the appellant’s last-known address.
[ARC 8003B, IAB 7/29/09, effective 9/2/09]
441—7.11(17A) Information and referral for legal services. The local office shall advise persons appealing any agency decision of legal services in the community that are willing to assist them.
441—7.12(17A) Subpoenas. The department shall have all subpoena power conferred upon it by statute. Departmental subpoenas shall be issued to a party on request or will be served by the department when requested at least one week in advance of the hearing date.
441—7.13(17A) Rights of appellants during hearings.
	7.13(1) Examination of the evidence. The department shall provide the appellant, or representative, opportunity prior to, as well as during, the hearing, to examine all materials permitted under rule 9.1(17A,22) or to be offered as evidence. Off the record, or confidential information which the appellant or representative does not have the opportunity to examine shall not be included in the record of the proceedings or considered in reaching a decision.
	7.13(2) Conduct of hearing. The hearing shall be conducted by an administrative law judge designated by the department of inspections and appeals. It shall be an informal rather than a formal judicial procedure, and shall be designed to serve the best interest of the appellant. The appellant shall have the right to introduce any evidence on points at issue believed necessary, and to challenge and cross-examine any statement made by others, and to present evidence in rebuttal. A verbatim record shall be kept of the evidence presented.
	7.13(3) Opportunity for response. Opportunity shall be afforded all parties to respond and present evidence and arguments on all issues involved and to be represented by counsel at their own expense.
	7.13(4) Default. If a party to the appeal 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 pursuant to subrules 7.13(1), 7.13(2) and 7.13(3) and render a proposed decision on the merits in the absence of the defaulting party.
	a. 	Where appropriate and not contrary to law, any party may move for a default decision against a party who has failed to file a required pleading or has failed to appear after proper service for a hearing. A proposed decision on the merits may be issued in the absence of a defaulting party.
	b. 	A default decision or a proposed decision rendered on the merits in the absence of the defaulting party may award any relief against the defaulting party consistent with the relief requested before the default, but the relief awarded against the defaulting party may not exceed the requested relief before the default.
	c. 	Proceedings after a default decision are specified in subrule 7.13(5).
	d. 	Proceedings after a hearing and a proposed decision on the merits in the absence of a defaulting party are specified in subrule 7.13(6).
	7.13(5) Proceedings after default decision.
	a. 	Default decisions or decisions rendered on the merits after a party has failed to appear or participate in a contested case proceeding become final agency action unless a motion to vacate the decision is filed within the time allowed for an appeal of a proposed decision by subrule 7.16(5).
	b. 	A motion to vacate must state all facts relied upon by the moving party which establish that good cause existed for the party’s failure to appear or participate at the contested case proceeding and must be filed with the Department of Human Services, Appeals Section, Fifth Floor, 1305 East Walnut Street, Des Moines, Iowa 50319-0114. Each fact so stated must be substantiated by at least one sworn affidavit of a person with personal knowledge of each such fact. Each affidavit must be attached to the motion. In lieu of an affidavit, the moving party may submit business records or other acceptable documentation from a disinterested third party that substantiates the claim of good cause.
	(1)	The appeals section shall be responsible for serving all parties with the motion to vacate. All parties to the appeal shall have ten days from service by the department to respond to the motion to vacate. All parties to the appeal shall be allowed to conduct discovery as to the issue of good cause and shall be allowed to present evidence on the issue before a decision on the motion, if a request to do so is included in that party’s response. If the department responds to any party’s motion to vacate, all parties shall be allowed another ten days to respond to the department.
	(2)	The appeals section shall certify the motion to vacate to the department of inspections and appeals for the presiding officer to review the motion, hold any additional proceedings, as appropriate, and determine if good cause exists to set aside the default.
	c. 	Properly substantiated and timely filed motions to vacate shall be granted only for good cause shown. The burden of proof as to good cause is on the moving party.
	d. 	“Good cause” for purposes of this rule is defined as an emergency circumstance that is beyond the control of the party and that prevents the party from being able to participate in the hearing.
	(1)	Examples of good cause include, but are not limited to:
	1.	Sudden, severe illness or accident involving the party or the party’s immediate family (spouse, partner, children, parents, sibling).
	2.	Death or serious illness in the party’s immediate family.
	3.	Other circumstances evidencing an emergency situation which was beyond the party’s control and was not reasonably foreseeable.
	(2)	Examples of circumstances that do not constitute good cause include, but are not limited to:
	1.	A lost or misplaced notice of hearing.
	2.	Confusion as to the date and time for the hearing.
	3.	Failure to follow the directions on the notice of hearing.
	4.	Oversleeping.
	5.	Other acts demonstrating a lack of due care by the party.
	e. 	Upon determining whether good cause exists, the presiding officer shall issue a proposed decision on the motion to vacate, which shall be subject to review by the director pursuant to rule 441—7.16(17A).
	f. 	Upon a final decision granting a motion to vacate, the contested case hearing shall proceed accordingly, after proper service of notice to all parties. The situation shall be treated as the filing of a new appeal for purposes of calculating time limits, with the filing date being the date the decision granting the motion to vacate became final.
	g. 	Upon a final decision denying a motion to vacate, the default decision becomes final agency action.
	7.13(6) Proceedings after hearing and proposed decision on the merits in the absence of a defaulting party.
	a. 	Proposed decisions on the merits after a party has failed to appear or participate in a contested case become final agency action unless:
	(1)	A motion to vacate the proposed decision is filed by the defaulting party based on good cause for the failure to appear or participate, within the time allowed for an appeal of a proposed decision by subrule 7.16(5); or
	(2)	Any party requests review on the merits by the director pursuant to rule 441—7.16(17A).
	b. 	If a motion to vacate and a request for review on the merits are both made in a timely manner after a proposed decision on the merits in the absence of a defaulting party, the review by the director on the merits of the appeal shall be stayed pending the outcome of the motion to vacate.
	c. 	A motion to vacate must state all facts relied upon by the moving party which establish that good cause existed for the party’s failure to appear or participate at the contested case proceeding and must be filed with the Department of Human Services, Appeals Section, Fifth Floor, 1305 East Walnut Street, Des Moines, Iowa 50319-0114.
	(1)	The appeals section shall be responsible for serving all parties with the motion to vacate. All parties to the appeal shall have ten days from service by the department to respond to the motion to vacate. All parties to the appeal shall be allowed to conduct discovery as to the issue of good cause and shall be allowed to present evidence on the issue before a decision on the motion, if a request to do so is included in that party’s response. If the department responds to any party’s motion to vacate, all parties shall be allowed another ten days to respond to the department.
	(2)	The appeals section shall certify the motion to vacate to the department of inspections and appeals for the presiding officer to review the motion, hold any additional proceedings, as appropriate, and determine if good cause exists to set aside the default.
	d. 	Properly substantiated and timely filed motions to vacate shall be granted only for good cause shown. The burden of proof as to good cause is on the moving party.
	e. 	“Good cause” for purposes of this rule is defined as an emergency circumstance that is beyond the control of the party and that prevents the party from being able to participate in the hearing.
	(1)	Examples of good cause include, but are not limited to:
	1.	Sudden, severe illness or accident involving the party or the party’s immediate family (spouse, partner, children, parents, sibling).
	2.	Death or serious illness in the party’s immediate family.
	3.	Other circumstances evidencing an emergency situation which was beyond the party’s control and was not reasonably foreseeable.
	(2)	Examples of circumstances that do not constitute good cause include, but are not limited to:
	1.	A lost or misplaced notice of hearing.
	2.	Confusion as to the date and time for the hearing.
	3.	Failure to follow the directions on the notice of hearing.
	4.	Oversleeping.
	5.	Other acts demonstrating a lack of due care by the party.
	f. 	Upon determining whether good cause exists, the presiding officer shall issue a proposed decision on the motion to vacate, which shall be subject to review by the director pursuant to rule 441—7.16(17A).
	g. 	Upon a final decision granting a motion to vacate, a new contested case hearing shall be held after proper service of notice to all parties. The situation shall be treated as the filing of a new appeal for purposes of calculating time limits, with the filing date being the date the decision granting the motion to vacate became final.
	h. 	Upon a final decision denying a motion to vacate, the proposed decision on the merits in the absence of a defaulting party becomes final unless there is request for review on the merits by the director made pursuant to paragraph 7.13(6)“a” or “j.”
	i. 	Any review on the merits by the director requested pursuant to paragraph 7.13(6)“a” and stayed pursuant to paragraph 7.13(6)“b” pending a decision on a motion to vacate shall be conducted upon a final decision denying the motion to vacate.
	j. 	Upon a final decision denying a motion to vacate a proposed decision issued in the absence of a defaulting party, any party to the contested case proceeding may request a review on the merits by the director pursuant to rule 441—7.16(17A), treating the date that the denial of the motion to vacate became final as the date of the proposed decision.
[ARC 8003B, IAB 7/29/09, effective 9/2/09; ARC 0304C, IAB 9/5/12, effective 11/1/12]
441—7.14(17A) Limitation of persons attending. The hearing shall be limited in attendance to the following persons, unless otherwise specified by statute or federal regulations: appellant, appellant’s representative, agency employees, agency’s legal representatives, other persons present for the purpose of offering testimony pertinent to the issues in controversy, and others upon mutual agreement of the parties. The administrative law judge may sequester witnesses during the hearing.
Nothing in this rule shall be construed to allow members of the press, news media, or any other citizens’ group to attend the hearing without the written consent of the appellant.
441—7.15(17A) Medical examination. When the hearing involves medical issues, a medical assessment or examination by a person or physician other than the one involved in the decision under question shall be obtained and the report made a part of the hearing record when the administrative law judge or appellant considers it necessary. Any medical examination required shall be performed by a physician satisfactory to the appellant and the department at agency expense.
Forms 470-0502, Authorization for Examination and Claim for Payment, and 470-0447, Report on Incapacity, shall be utilized in obtaining medical information to be used in the appeal and to authorize payment for the examination.
441—7.16(17A) The appeal decision.
	7.16(1) Record. The record in a contested case shall include, in addition to those materials specified in Iowa Code section 17A.12(6):
	a. 	The notice of appeal.
	b. 	All evidence received or considered and all other submissions, including the verbatim record of the hearing.
	7.16(2) Findings of fact. Any party may submit proposed findings of fact. The presiding officer will rule on the proposed findings of fact. Findings of fact shall be based solely on the evidence in the record and on matters officially noticed in the record. The findings of fact and conclusions of law in the proposed or final decision shall be limited to contested issues of fact, policy, or law.
	7.16(3) Proposed decision. Following the reception of evidence, the presiding officer shall issue a proposed decision, consisting of the issues of the appeal, the decision, the findings of fact and the conclusions of law. Each item shall be separately stated under individual headings. The proposed decision shall be mailed by first-class mail, postage prepaid, addressed to the appellant at the appellant’s last-known address.
	7.16(4) Appeal of the proposed decision. After issuing a proposed decision the administrative law judge shall submit it to the department with copies to the appeals advisory committee.
The appellant, appellant’s representative, or the department may appeal for the director’s review of the proposed decision.
When the appellant or the department has not appealed the proposed decision or an appeal for the director’s review of the proposed decision is not granted, the proposed decision shall become the final decision.
The director’s review on appeal of the proposed decision shall be on the basis of the record as defined in subrule 7.16(1), except that the director need not listen to the verbatim record of the hearing in a review or appeal. The review or appeal shall be limited to issues raised prior to that time and specified by the party requesting the appeal or review. The director may designate another to act on the director’s behalf in making final decisions.
	7.16(5) Time limit for appeal of a proposed decision. Appeal for the director’s review of the proposed decision must be made in writing to the director and postmarked or date-stamped within ten calendar days of the date on which the proposed decision was signed and mailed. The day after the proposed decision is mailed is the first day of the time period within which a request for review must be filed. When the time limit for filing falls on a holiday or a weekend, the time will be extended to the next workday.
	7.16(6) Appeal of the proposed decision by the department. The appeals advisory committee acts as an initial screening device for the director and may recommend that the director review a proposed decision. That recommendation is not binding upon the director, and the director may decide to review a proposed decision without that committee’s recommendation.
When the director grants a review of a proposed decision on the department’s request the appeals section shall notify all other parties to the appeal of the review and send a copy of the request to all other parties. All other parties shall be provided ten calendar days from the date of notification to submit further written arguments or objections for consideration upon review.
The day after the notification is mailed is the first day of the time period within which a response to the department’s request for review must be filed. When the time limit for responding falls on a holiday or a weekend, the time will be extended to the next workday.
	7.16(7) Appeal of the proposed decision by the appellant. When the director grants a review of a proposed decision all other parties shall be so notified.
	7.16(8) Opportunity for oral presentation of appeal of the proposed decision. In cases where there is an appeal of a proposed decision each party shall be afforded an opportunity to present oral arguments with the consent of the director. Any party wishing oral argument shall specifically request it. When granted, all parties shall be notified of the time and place.
	7.16(9) Time limits. A final decision on the appeal shall be issued within 90 days from the date of the appeal on all decisions except food assistance and vendors. Food assistance-only decisions shall be rendered in 60 days. PROMISE JOBS displacement grievance decisions shall be rendered within 90 days from the date the displacement grievance was filed with the PROMISE JOBS contractee. Failure to reach a decision within these time frames shall not affect the merits of the appellant’s appeal.
	a. 	Time frames may be extended based on continuances or additional time frames as approved by the presiding officer. Should the appellant request a delay in the hearing in order to prepare the case or for other essential reasons, reasonable time, not to exceed 30 days except with the approval of the administrative law judge, shall be granted and the extra time shall be added to the maximum for final administrative action.
	b. 	The department shall take prompt, definite and final administrative action to carry out the decision rendered within 7 calendar days of receipt of a copy of the final decision. When the final decision is favorable to the appellant, or when the department decides in favor of the appellant before the hearing, the department shall make any additional corrective payments due, retroactive to the date of the incorrect action.
	7.16(10) Final decision. The department shall mail the final decision to the appellant at the appellant’s last-known address by first-class mail, postage prepaid.
[ARC 8003B, IAB 7/29/09, effective 9/2/09]
441—7.17(17A) Exhausting administrative remedies. To have exhausted all adequate administrative remedies, a party need not request a rehearing under Iowa Code section 17A.16(2) where the party accepts the findings of fact as prepared by the administrative law judge, but wishes to challenge the conclusions of law, or departmental policy.
441—7.18(17A) Ex parte communication.
	7.18(1) Prohibited communication. There shall be no written, oral, or other type of communication between the presiding officer and any party or representative of any party or any other person with a direct or indirect interest in the case while an appeal is pending, without all parties being notified of an opportunity to participate, unless specifically authorized by statute or rule.
	a. 	This provision does not prevent the presiding officer from communicating with members of the agency or seeking the advice or help of persons other than those defined in paragraph “c.”
	b. 	Persons described in paragraph “c” shall not directly or indirectly communicate to the presiding officer any ex parte communications they have received of a type that the presiding officer would be prohibited from receiving or that furnish, augment, diminish, or modify the evidence in the record.
	c. 	For purposes of this rule:
	(1)	People with a direct or indirect interest in a case include any member of the appeals advisory committee and any person engaged in personally investigating, prosecuting, or advocating in either the case under appeal or a pending factually related case involving the same parties.
	(2)	The term “personally investigating” means taking affirmative steps to interview witnesses directly or to obtain documents or other information directly. The term does not include general direction and supervision of assigned investigators, unsolicited receipt of information which is relayed to assigned investigators, review of another person’s investigative work product in the course of determining whether there is probable cause to initiate a proceeding, or exposure to factual information while performing other agency functions, including fact gathering for purposes other than investigation of the matter which culminates in a contested case.
	7.18(2) Commencement of prohibition. Prohibitions on ex parte communications commence with the issuance of the notice of hearing in a contested case and continue for as long as the case is pending.
	7.18(3) When communication is ex parte. Rescinded IAB 4/30/03, effective 7/1/03.
	7.18(4) Avoidance of ex parte communication. To avoid prohibited ex parte communications, notice must be given in a manner reasonably calculated to give all parties a fair opportunity to participate. Written communications shall be provided to all parties to the appeal.
	7.18(5) Communications not prohibited. Communications with the presiding officer involving uncontested scheduling or procedural matters do not require notice or opportunity for parties to participate. Parties should notify other parties prior to initiating such contact with the presiding officer when feasible, and shall notify other parties when seeking to continue hearings or other deadlines.
	7.18(6) Disclosure of prohibited communications. A presiding officer who receives a prohibited ex parte communication during the pendency of a contested case must initially determine if the effect of the communication is so prejudicial that the presiding officer should be disqualified from the case. If the presiding officer determines that disqualification is warranted, a copy of any prohibited written communication, all written responses to the communication, a written summary stating the substance of any prohibited oral or other communication not available in written form for disclosure, all responses made, and the identity of each person from whom the presiding officer received a prohibited ex parte communication shall be disclosed. If the presiding officer determines that disqualification is not warranted, such documents shall be submitted for inclusion in the record and served on all parties. Any party desiring to rebut the prohibited communication must be allowed the opportunity to do so upon written request filed within ten days after notice of communication.
	7.18(7) Disclosure of prior receipt of information through ex parte communication. Promptly after being assigned to serve as presiding officer at any stage in a contested case proceeding, a presiding officer shall disclose to all parties material factual information received through ex parte communication prior to such assignment unless the factual information has already been or shortly will be disclosed pursuant to Iowa Code section 17A.13(2) or through discovery. Factual information contained in an investigative report or similar document need not be separately disclosed by the presiding officer as long as such documents have been or will shortly be provided to the parties.
	7.18(8) Imposition of sanctions. The presiding officer may render a proposed or final decision imposing appropriate sanctions for violations of this rule, including default, a decision against the offending party, censure, or suspension or revocation of the privilege to practice before the agency. Violation of ex parte communication prohibitions by department personnel shall be reported to the department for possible sanctions, including censure, suspension, dismissal, or other disciplinary action.
441—7.19(17A) Accessibility of hearing decisions. Summary reports of all hearing decisions shall be made available to local offices and the public. The information shall be presented in a manner consistent with requirements for safeguarding personal information concerning applicants and recipients.
441—7.20(17A) Right of judicial review and stays of agency action.
	7.20(1) Right of judicial review. If a director’s review is requested, the final decision shall advise the appellant or the appellant’s representative of the right to judicial review by the district court. When the appellant or the appellant’s representative is dissatisfied with the final decision and requests judicial review of the decision to the district court, the department shall furnish copies of the documents or supporting papers to district court, including a written transcript of the hearing. An appeal of the final decision to district court does not itself stay execution or enforcement of an agency action.
	7.20(2) Stays of agency action.
	a. 	Any party to a contested case proceeding may petition the director for a stay or other temporary remedies pending judicial review, of all or part of that proceeding. The petition shall state the reasons justifying a stay or other temporary remedy.
	b. 	In determining whether to grant a stay pending judicial review, the director shall consider the factors listed in Iowa Code section 17A.19(5)“c.”
	c. 	A stay may be vacated by the director pending judicial review upon application of the department or any other party.
441—7.21(17A) Food assistance hearings and appeals.
	7.21(1) Appeal hearings. All appeal hearings in the food assistance program shall be conducted in accordance with federal regulation, Title 7, Section 273.15, as amended to January 1, 2008.
	7.21(2) Food assistance administrative disqualification hearings. All food assistance administrative disqualification hearings shall be conducted in accordance with federal regulation, Title 7, Section 273.16, as amended to January 1, 2008.
	7.21(3) Conduct of a food assistance administrative disqualification hearing. Hearings over disqualification of a household member for an intentional program violation shall be conducted by a presiding officer.
	a. 	The department of inspections and appeals shall serve an Intentional Program Violation Hearing Notice upon the household member both by certified mail, return receipt requested, and by first-class mail, postage prepaid, addressed to household member at the last-known address 30 calendar days before the initial hearing date.
	b. 	The household member or that person’s representative may request to postpone the hearing for up to 30 days, provided the request is made at least 10 calendar days before the scheduled hearing date.
	c. 	At the hearing, the presiding officer shall advise the household member or that person’s representative that the household member has the right to refuse to answer questions during the hearing and that the state or federal government may use the information in a civil or criminal action.
	7.21(4) Consolidating hearings. Appeal hearings and food assistance administrative disqualification hearings may be consolidated if the issues arise out of the same or related circumstances, and the household member has been provided with notice of the consolidation by the department of inspections and appeals.
	a. 	If the hearings are combined, the time frames for conducting a food assistance administrative disqualification hearing shall apply.
	b. 	If the hearings are combined for the purpose of setting the amount of the overpayment at the same time as determining whether or not an intentional program violation has occurred, the household shall lose its right to a subsequent hearing on the amount of the overpayment.
	7.21(5) Attendance at hearing. The household member shall be allowed 10 days from the scheduled hearing to present reasons indicating good cause for not attending the hearing.
	a. 	The appeals section shall certify the motion to vacate to the department of inspections and appeals for the presiding officer to review the motion, hold any additional proceedings, as appropriate, and determine if good cause exists for the default as specified in subrule 7.13(5). Timely filed motions to vacate shall be granted only for good cause shown. The burden of proof as to good cause is on the moving party.
	b. 	Unless good cause is determined, when the household member or that person’s representative cannot be located or fails to appear at the scheduled hearing, the hearing shall be conducted without that person. In that instance, the presiding officer shall consider the evidence and determine if the evidence is clear and convincing that an intentional program violation was committed.
	c. 	If the household member who failed to appear at the hearing is found to have committed an intentional program violation, but the presiding officer later determines that this person or the person’s representative had good cause for not appearing, the previous hearing decision shall no longer be valid. A new hearing shall be conducted.
	7.21(6) Food assistance administrative disqualification hearing decisions. The presiding officer shall base the determination of an intentional program violation on clear and convincing evidence that demonstrates the person committed, and intended to commit, an intentional program violation.
	a. 	The proposed and final hearing decisions shall be made in accordance with rule 441—7.16(17A) unless otherwise specified.
	b. 	The appeals section shall notify the household member and the local office of the final decision within 90 days of the date the household member is notified in writing that the hearing has been scheduled. If the hearing was postponed pursuant to subrule 7.21(3), paragraph “b,” the 90 days for notifying the household member of the final decision shall be extended for as many days as the hearing is postponed.
	c. 	The department shall take no action to disqualify a person from receiving food assistance before receiving the final appeal decision finding that the person has committed an intentional program violation.
	d. 	No further administrative appeal procedure shall exist after the final decision is issued. The determination of an intentional program violation shall not be reversed by a subsequent hearing decision. However, the person may appeal the case to the Iowa district court.
	e. 	When a court decision reverses a determination of an intentional program violation, the appeals section shall notify the local office of the specifics of the court decision.
[ARC 8003B, IAB 7/29/09, effective 9/2/09]
441—7.22(17A) FIP disqualification hearings. Rescinded IAB 4/30/03, effective 7/1/03.
441—7.23(17A) Contested cases with no factual dispute. If the parties in a contested case agree that there is no dispute of material fact, the parties may present all admissible evidence either by stipulation, or as otherwise agreed, in lieu of an evidentiary hearing. If an agreement is reached, the parties shall jointly submit a schedule for submission of the record, briefs and oral arguments to the presiding officer for approval.
441—7.24(17A) Emergency adjudicative proceedings.
	7.24(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 United States Constitution and the Iowa Constitution and other provisions of law, the department may issue a written order in compliance with Iowa Code section 17A.18 to suspend a license in whole or in part, order the cessation of any continuing activity, order affirmative action, or take other action within the jurisdiction of the department by emergency adjudicative order. Before issuing an emergency adjudicative order, the department shall consider factors including, but not limited to, the following:
	a. 	Whether there has been sufficient factual investigation to ensure that the agency is proceeding on the basis of reliable information.
	b. 	Whether the specific circumstances which pose immediate danger to the public health, safety or welfare have been identified and determined to be continuing.
	c. 	Whether the person required to comply with the emergency adjudicative order may continue to engage in other activities without posing immediate danger to the public health, safety or welfare.
	d. 	Whether imposition of monitoring requirements or other interim safeguards would be sufficient to protect the public health, safety or welfare.
	e. 	Whether the specific action contemplated by the agency is necessary to avoid the immediate danger.
	7.24(2) Issuance of order.
	a. 	An emergency adjudicative order shall contain findings of fact, conclusions of law, and policy reasons to justify the determination of an immediate danger and the department’s decision to take immediate action.
	b. 	The written emergency adjudicative order shall be immediately delivered to persons who are required to comply with the order by using one or more of the following procedures:
	(1)	Personal delivery.
	(2)	Certified mail, return receipt requested, to the last address on file with the department.
	(3)	Certified mail to the last address on file with the department.
	(4)	First-class mail to the last address on file with the department.
	(5)	Fax. Fax may be used as the sole method of delivery if the person required to comply with the order has filed a written request that department orders be sent by fax and has provided a fax number for that purpose.
	c. 	To the degree practicable, the agency shall select the procedure for providing written notice that best ensures prompt, reliable delivery.
	7.24(3) Oral notice. Unless the written emergency adjudicative order is provided by personal delivery on the same day that the order issues, the department shall make reasonable immediate efforts to contact by telephone the persons who are required to comply with the order.
	7.24(4) Completion of proceedings. After the issuance of an emergency adjudicative order, the agency shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not involve an immediate danger. Issuance of a written emergency adjudicative order shall include notification of the date on which agency proceedings are scheduled for completion. After issuance of an emergency adjudicative order, continuance of further agency proceedings to a later date will be granted only in compelling circumstances upon application in writing.
These rules are intended to implement Iowa Code chapter 17A.
[Filed December 27, 1971; amended December 2, 1974]
[Filed 4/30/76, Notice 3/22/76—published 5/17/76, effective 7/1/76]
[Filed 9/29/76, Notice 8/23/76—published 10/20/76, effective 11/24/76]
[Filed 3/27/78, Notice 2/8/78—published 4/19/78, effective 5/24/78]
[Filed 5/8/78, Notice 10/19/77—published 5/31/78, effective 7/5/78]
[Filed emergency 3/30/79—published 4/18/79, effective 3/30/79]
[Filed 5/5/80, Notice 2/20/80—published 5/28/80, effective 7/2/80]
[Filed 10/23/80, Notice 9/3/80—published 11/12/80, effective 12/17/80]
[Filed 6/2/81, Notice 3/18/81—published 6/24/81, effective 8/1/81]
[Filed 7/1/82, Notices 10/28/81, 12/23/81—published 7/21/82, effective 8/25/82]
[Filed 7/1/82, Notice 5/12/82—published 7/21/82, effective 9/1/82]
[Filed 10/28/83, Notice 8/17/83—published 11/23/83, effective 1/1/84]
[Filed 11/18/83, Notice 10/12/83—published 12/7/83, effective 2/1/84]
[Filed 12/16/83, Notice 11/9/83—published 1/4/84, effective 2/8/84]
[Filed 5/4/84, Notice 2/29/84—published 5/23/84, effective 7/1/84]
[Filed 5/4/84, Notice 3/14/84—published 5/23/84, effective 7/1/84]
[Filed 7/26/85, Notice 6/5/85—published 8/14/85, effective 10/1/85]
[Filed emergency 6/26/86—published 7/16/86, effective 7/1/86]
[Filed emergency 1/15/87—published 2/11/87, effective 1/15/87]
[Filed 1/15/87, Notice 12/3/86—published 2/11/87, effective 4/1/87]
[Filed emergency 7/14/89 after Notice 5/31/89—published 8/9/89, effective 8/1/89]
[Filed 11/16/89, Notice 9/20/89—published 12/13/89, effective 2/1/90]
[Filed 1/16/90, Notice 11/15/89—published 2/7/90, effective 4/1/90]
[Filed emergency 10/10/91 after Notice 8/21/91—published 10/30/91, effective 11/1/91]
[Filed 1/16/92, Notice 9/18/91—published 2/5/92, effective 4/1/92]
[Filed 1/16/92, Notice 11/27/91—published 2/5/92, effective 4/1/92]
[Filed without Notice 8/12/93—published 9/1/93, effective 11/1/93]
[Filed emergency 11/12/93—published 12/8/93, effective 1/1/94]
[Filed 12/16/93, Notice 9/1/93—published 1/5/94, effective 3/1/94]
[Filed 2/10/94, Notice 12/8/93—published 3/2/94, effective 5/1/94]
[Filed 10/12/94, Notice 8/17/94—published 11/9/94, effective 1/1/95]
[Filed without Notice 9/25/95—published 10/11/95, effective 12/1/95]
[Filed emergency 11/16/95—published 12/6/95, effective 12/1/95]
[Filed emergency 1/10/96 after Notice 10/11/95—published 1/31/96, effective 2/1/96]
[Filed 1/10/96, Notice 10/11/95—published 1/31/96, effective 4/1/96]
[Filed 8/15/96, Notice 5/8/96—published 9/11/96, effective 11/1/96]
[Filed 10/9/96, Notice 8/14/96—published 11/6/96, effective 1/1/97]
[Filed emergency 9/16/97—published 10/8/97, effective 10/1/97]
[Filed 11/12/97, Notice 9/10/97—published 12/3/97, effective 2/1/98]◊
[Filed 12/10/97, Notice 10/8/97—published 12/31/97, effective 3/1/98]
[Filed 6/10/98, Notice 5/6/98—published 7/1/98, effective 8/5/98]
[Filed without Notice 6/10/98—published 7/1/98, effective 8/15/98]
[Filed 8/12/98, Notice 7/1/98—published 9/9/98, effective 11/1/98]
[Filed 3/10/99, Notice 11/18/98—published 4/7/99, effective 5/31/99]
[Filed 4/15/99, Notice 2/24/99—published 5/5/99, effective 7/1/99]
[Filed 9/12/00, Notice 7/12/00—published 10/4/00, effective 12/1/00]
[Filed 2/14/01, Notice 11/29/00—published 3/7/01, effective 5/1/01]
[Filed 5/9/01, Notice 2/21/01—published 5/30/01, effective 7/4/01]
[Filed 4/10/03, Notice 2/19/03—published 4/30/03, effective 7/1/03]
[Filed 9/22/03, Notice 7/23/03—published 10/15/03, effective 12/1/03]
[Filed emergency 10/10/03—published 10/29/03, effective 11/1/03]
[Filed 5/14/04, Notice 3/31/04—published 6/9/04, effective 7/14/04]
[Filed emergency 7/9/04—published 8/4/04, effective 7/9/04]
[Filed 9/23/04, Notice 8/4/04—published 10/13/04, effective 11/17/04]
[Filed emergency 2/10/05 after Notice 12/22/04—published 3/2/05, effective 3/1/05]
[Filed emergency 6/17/05—published 7/6/05, effective 7/1/05]
[Filed 8/12/05, Notice 6/8/05—published 8/31/05, effective 11/1/05]
[Filed 10/21/05, Notice 7/6/05—published 11/9/05, effective 12/14/05]
[Filed emergency 11/16/05—published 12/7/05, effective 12/1/05]
[Filed 11/16/05, Notice 9/14/05—published 12/7/05, effective 2/1/06]
[Filed emergency 6/16/06—published 7/5/06, effective 7/1/06]
[Filed 10/20/06, Notice 8/30/06—published 11/8/06, effective 1/1/07]
[Filed emergency 11/9/06 after Notice 7/5/06—published 12/6/06, effective 12/1/06]
[Filed 3/14/07, Notice 8/30/06—published 4/11/07, effective 7/1/07]
[Filed 1/9/08, Notice 11/7/07—published 1/30/08, effective 4/1/08]
[Filed emergency 12/11/08 after Notice 10/8/08—published 1/14/09, effective 2/1/09]
[Filed ARC 8003B (Notice ARC 7730B, IAB 4/22/09), IAB 7/29/09, effective 9/2/09]
[Filed ARC 8439B (Notice ARC 8083B, IAB 8/26/09), IAB 1/13/10, effective 3/1/10]
[Filed ARC 8994B (Notice ARC 8756B, IAB 5/19/10), IAB 8/11/10, effective 10/1/10]
[Filed Emergency ARC 9254B, IAB 12/1/10, effective 1/1/11]
[Filed Emergency After Notice ARC 9698B (Notice ARC 9589B, IAB 6/29/11), IAB 9/7/11, effective 8/15/11]
[Filed ARC 0304C (Notice ARC 0132C, IAB 5/30/12), IAB 9/5/12, effective 11/1/12]
◊	Two or more ARCs