Section 657.35.5. Notice of hearing.

       35.5(1) Delivery. Delivery of the notice of hearing constitutes the commencement of the contested case proceeding. To the degree practicable, the board shall select the procedure for providing written notice that best ensures prompt, reliable delivery. Delivery may be executed by:

        a.           Personal delivery;

        b.           Certified mail, return receipt requested, to the last address on file with the board;

        c.           Certified mail to the last address on file with the board;

        d.           First-class mail to the last address on file with the board;

        e.           Facsimile. Facsimile transmission may be used as the sole method of delivery if the party to be served has filed a written request that board communications be sent by facsimile and has provided a facsimile telephone number for that purpose;

        f.            Other electronic transmission. Other electronic transmission, such as E-mail, may be used as the sole method of delivery if the party to be served has filed a written request that board communications be sent by such other electronic transmission and has provided an address for that purpose; or

        g.           Publication, as provided in the Iowa Rules of Civil Procedure.

       35.5(2) Contents. The notice of hearing shall contain the following information:

        a.           A statement of the time, place, and nature of the hearing;

        b.           A statement of the legal authority and jurisdiction under which the hearing is to be held;

        c.           A reference to the particular sections of the statutes and rules involved;

        d.           A short and plain statement of the matters asserted. If the board or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished;

        e.           Identification of all parties including the name, address and telephone number of the person who will act as advocate for the board or the state and of parties’ counsel where known;

        f.            Reference to the procedural rules governing conduct of the contested case proceeding;

        g.           Reference to the procedural rules governing informal settlement;

        h.           Identification of the presiding officer, if known. If not known, a description of who will serve as presiding officer (e.g., members of the board, administrative law judge from the department of inspections and appeals); and

        i.            Notification of the time period in which a party may request, pursuant to Iowa Code section 17A.11 and rule 35.6(17A,272C), that the presiding officer be an administrative law judge.

[ARC 9412B, IAB 3/9/11, effective 4/13/11]