CHAPTER 6APPEAL PROCEDURES[Prior to 9/7/88, see Public Instruction Department[670] Ch 51]2816.1(290) Scope of chapter. This chapter applies to all hearing requests seeking appellate review by the state board of education, the director of education, or the department of education.Related ARC(s): 7427C2816.2(256, 290, 17A) Definitions. The definitions contained in rule X.2 of the Uniform Rules on Agency Procedure for contested cases, effective on July 1, 1999, which are published on the general assembly’s website at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf, are incorporated by reference. The following additional definitions apply to this chapter:
"Appellant" refers to a party bringing an appeal to the state board of education, the director of education, or the department of education.
"Appellee" refers to the party in a matter against whom an appeal is taken or the party whose interest is adverse to the reversal of a prior decision now on appeal to the state board of education, the director of education, or the department of education.
"Board" means the state board of education.
"Department" means the department of education.
"Designated office" means the Iowa Department of Education, Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa 50319, or as ordered by the presiding officer.
"Director" refers to the director of education.
"Presiding officer" means the director of the department of education or the designated administrative law judge.
Related ARC(s): 7427C2816.3(290, 17A) Incorporation by reference. The following rules from the Uniform Rules on Agency Procedure for contested cases, effective on July 1, 1999, are incorporated by reference:- X.7(17A) Waiver of procedures.
- X.9(17A) Disqualification.
- X.10(17A) Consolidation—severance.
- X.12(17A) Service and filing of pleadings and other papers.
- X.13(17A) Discovery.
- X.14(17A) Subpoenas, with the following addition: Witnesses and serving officers may be allowed the same compensation as is paid for like attendance or service in district court. The witness’s fees and mileage are considered costs of any appeal filed under Iowa Code chapter 290, and costs are assigned to the nonprevailing party. The witness’s fees and expenses for hearings brought under other statutes and rules are the responsibility of the party requesting or subpoenaing the witness.
- X.15(17A) Motions.
- X.16(17A) Prehearing conference.
- X.17(17A) Continuances.
- X.19(17A) Intervention.
- X.20(17A) Hearing procedures.
- X.21(17A) Evidence.
- X.22(17A) Default, with the following correction: The reference to Iowa Rule of Civil Procedure 236 is corrected to Rule 1.977.
- X.23(17A) Ex parte communication.
- X.24(17A) Recording costs.
- X.28(17A) Applications for rehearing.
- X.29(17A) Stays of agency actions.
- X.30(17A) No factual dispute contested cases.
- X.31(17A) Emergency adjudicative proceedings.