Section 281.6.2. Definitions.  


Latest version.
  • “Appellant,” as used in this chapter, shall refer to a party bringing an appeal to the state board of education, the director of education or the department of education.

    “Appellee,” as used in this chapter, shall refer 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,” as used in this chapter, shall refer to the state board of education.

    “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 1998 Iowa Acts, chapter 1202, section 14.

    “Default” means a dismissal of the appeal due to nonappearance at the hearing, either telephonically or in person, or for failure to request a continuance of the appeal hearing. Exceptions may be granted at the discretion of the presiding officer.

    “Department” means the department of education.

    “Director,” as used in this chapter, shall refer to the director of education.

    “Hearing panel,” as used in this chapter, shall refer to the director of education, or the director’s designee, sitting as the administrative law judge and two members of the department of education staff designated by the administrative law judge to hear the presentation of evidence or oral arguments concerning appeals which are unusual or which present issues of first impression.

    “Issuance” means the date of mailing of a decision or order or date of delivery if service is by other means unless another date is specified in the order.

    “Party” means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.

    “Presiding officer” means the director of the department of education or the designated administrative law judge.