Section 129.6.8. Presiding officer.

         6.8(1) Any party who wishes to request that the presiding officer assigned to render a proposed decision be an administrative law judge employed by the department of inspections and appeals must file a written request within 20 days after service of a notice of hearing which identifies or describes the presiding officer as the CIO.

         6.8(2) The CIO may deny the request only upon a finding that one or more of the following apply:

            a.               Neither the office nor any officer of the office under whose authority the contested case is to take place is a named party to the proceeding or a real party in interest to that proceeding.

            b.               There is a compelling need to expedite issuance of a final decision in order to protect the public health, safety, or welfare.

            c.               An administrative law judge with the qualifications identified in subrule 6.8(3) is unavailable to hear the case within a reasonable time.

            d.               The case involves significant policy issues of first impression that are inextricably intertwined with the factual issues presented.

            e.               The demeanor of the witnesses is likely to be dispositive in resolving the disputed factual issues.

            f.                Funds are unavailable to pay the costs of an administrative law judge and an interagency appeal.

            g.               The request was not timely filed.

            h.               The request is not consistent with a specified statute.

         6.8(3) An administrative law judge assigned to act as presiding officer shall have the following technical expertness unless waived by the office:

            a.               A license to practice law in the state of Iowa;

            b.               Three years’ experience as an administrative law judge;

            c.               For a hearing related to procurement, knowledge of contract law;

            d.               For a hearing in which the underlying dispute or subject matter is related to information technology, and to the extent an administrative law judge with a background in information technology is available, a background in information technology.

         6.8(4) Except as provided otherwise by another provision of law, all rulings by an administrative law judge acting as presiding officer are subject to appeal to the office. A party must seek any available intra-agency appeal in order to exhaust administrative remedies.

         6.8(5) Unless otherwise provided by law, the CIO, when reviewing a proposed decision upon intra-agency appeal, shall have the powers of and shall comply with the provisions of this chapter which apply to presiding officers.

[ARC 2542C, IAB 5/25/16, effective 6/29/16]