Iowa Admin. Code r. 191-3.26

Current through Register Vol. 47, No. 6, October 2, 2024

Rule 191-3.26 - Final decision

(1) When the commissioner presides over the reception of evidence at the hearing, the commissioner's decision is a final decision.

(2) When the commissioner does not preside over the reception of evidence, the presiding officer shall make a proposed decision. The proposed decision becomes the final decision of the division when adopted by the commissioner or without further proceedings after the time provided in rule 191-3.27 (17A) unless there is a timely appeal to the commissioner or motion by the division to review the proposed decision.

(3) The presiding officer's decision shall specify in bold print either that the decision is final or that the decision shall become final without further proceedings after the time provided in rule 191-3.27 (17A).

(4) Any administrative law judge serving as a presiding officer in a contested case shall report to the commissioner on a monthly basis all matters taken under advisement for longer than 60 days, together with an explanation of the reasons for the delay and an expected date of a proposed decision. A matter shall be reported when all hearings have been completed and the matter awaits decision without further appearance of the parties or their attorneys, even though briefs or transcripts have been ordered but have not yet been filed. The report shall be due on the tenth day of each calendar month for the period ending with the last day of the preceding calendar month. The report shall be signed by the administrative law judge. All reports received will be filed with the Iowa insurance division as records available for public inspection.

(5) Parties shall be promptly notified of each proposed or final decision or order by delivery to them of a copy of such decision or order in the manner provided by Iowa Code section 17A.12(1) unless the party has consented to an alternative form of delivery.

Iowa Admin. Code r. 191-3.26

Amended by IAB September 23, 2020/Volume XLIII, Number 7, effective 10/28/2020

Adopted by IAB March 20, 2024/Volume XLVI, Number 19, effective 4/24/2024