DIAL's Administrative Hearings Division provides independent administrative law judges to make decisions regarding disputes primarily between private citizens and government agencies. The department strives to fairly and impartially decide cases, consistent with the law and in an efficient and professional manner.
The Administrative Hearings Division conducts proceedings for nearly all Iowa State agencies and some local government agencies. DIAL is authorized by Iowa Code section 10A.801(5) to conduct proceedings for any government entity on a contract basis.
Government entities interested in administrative hearing services should fill out DIAL's contact form. Unless other arrangements have been made, a case is formally transmitted to DIAL by submitting a Transmittal Form and other relevant documents in paper or electronic form. Administrative proceedings are billed to government agencies on a quarterly basis via EIT transfer or check payable to the Department of Inspections, Appeals, and Licensing.
If You Have a Case Pending with DIAL
Members of the public may need to have an administrative hearing if they have filed an appeal to a decision with a State agency, and the agency determines the appeal is valid and merits a hearing. In order to start the appeal process, the person or entity who wants a decision appealed must file an appeal with the agency in question following the specific agency’s appeal instructions. If the appeal is accepted for a hearing, DIAL will issue a "Notice of Hearing" to all parties who will need to be involved (typically the appeal requestor, agency staff, etc.). This notice will indicate whether the hearing is in-person or via telephone and will contain instructions about how to proceed with the hearing on the specified date.
If you are a participant in a contested case proceeding, you are entitled to legal representation at your own expense. If you meet certain income criteria and eligibility guidelines, you may qualify for free legal assistance from Iowa Legal Aid. Visit the Iowa Legal Aid website to learn more.
The process for filing an appeal (which is also sometimes called requesting a contested case proceeding or requesting a hearing) varies depending on agency and the type of issue that is being challenged.
When an agency issues a decision that can be appealed, it will typically provide instructions with the decision on the appropriate way to file an appeal. Additional information about the process of filing an appeal may be available in the relevant agency's administrative rules or on the agency's website. For example:
Department of Transportation. If your privileges to operate and/or register motor vehicles in Iowa are being denied, cancelled, suspended, revoked, disqualified or barred, you may be entitled to an appeal of this action. You can find information about appealing on the DOT website.
Department of Health and Human Services. If you are appealing a decision of HHS, including decisions related to Food Assistance, Medicaid, Family Investment Program (FIP), child support, and child abuse assessments, detailed information about appealing is available on the HHS website.
Iowa Workforce Development. Both the employer and the claimant have the right to appeal an IWD fact-finding unemployment insurance decision. You can find information about filing a first-level appeal on the IWD website.
A person wishing to appeal a decision ("an Appellant") needs to ensure that he or she abides by all requirements for filing the appeal. Generally, the appeal needs to be filed within a specified period of time with the agency making the initial decision, not with the Administrative Hearings Division. Appeals that do not comply with all requirements, such as late appeals, may be denied by the agency, preventing an appellant from challenging the agency decision before an administrative law judge ("ALJ").
After receiving an appeal, an agency often sends the appellant a letter notifying the appellant that the agency received the appeal. The letter may state that the agency has decided that the appeal is valid and that the case will be sent to the DIAL Administrative Hearings Division to conduct a hearing. The letter may only state that the agency is reviewing the appeal and that the appellant will receive an additional letter or notice in the future. Or, the letter may state that the agency has not granted the request for a hearing, explain the reason for the denial (such as the appeal being too late), and describe any options for seeking review of the denial decision.
If the agency determines that an appellant has filed a valid appeal, the agency will send the appeal to DIAL's Administrative Hearings Division. Upon receipt of the appeal, DIAL will issue a Notice of Hearing to all parties in the case. The notice schedules the time and place of the hearing and provides other important details about the proceeding. Parties should carefully read the entire Notice of Hearing, including any information on the back of the notice.
Parties will want to take particular note of the date and time of the hearing. The notice will state whether the hearing has been scheduled for a telephone conference or to be held in person, typically in the DIAL offices in the Wallace State Office Building in Des Moines. The notice will also include the case number assigned to the appeal. Any documents that parties submit to DIAL in the appeal should include this case number. The notice also typically informs parties of the administrative law judge assigned to conduct the hearing, and contact information for the judge. The notice states the issue in the appeal; this is the subject of the decision that the appellant is challenging.
The appellant and the agency must send a witness list and a copy of any documents or other exhibits to be considered in the hearing to DIAL and the other party at least five days before the hearing. Exhibits may be mailed, faxed, or emailed to adminhearings@dia.iowa.gov.
If an appellant decides he or she no longer wishes to appeal the decision, the appellant may file a written request to withdraw the appeal. Likewise, the agency may request a dismissal of the appeal by agreeing to grant the entire relief sought by the appellant, such as for example, granting the previously denied benefit.
Any party in a contested case proceeding may request that DIAL issue a subpoena to require a person to participate in a telephone hearing, appear at an in-person hearing or deposition, or produce documents or other items for the proceeding. Such a subpoena is an important legal document and individuals receiving a subpoena are encouraged to closely review the subpoena and the accompanying Guidance for Subpoenaed Persons in a Contested Case Proceeding to ensure compliance with all legal obligations and protection of the person's rights under Iowa Law.
Administrative Hearings Division subpoenas are issued pursuant to Iowa Code section 17A.13 and 481 Iowa Administrative Code (IAC) section 10.14. Pursuant to these provisions, persons receiving subpoenas may move to quash or modify subpoenas for various reasons as set forth in IAC 481-10.14(4) and (5), which are also reproduced on the Guidance for Subpoenaed Persons in a Contested Case Proceeding that is delivered with the subpoena.
Who Can I Contact If I Received a Subpoena?
Individuals receiving a subpoena from DIAL's Administrative Hearing Division may contact the division with questions or for more information.
The division cannot provide legal advice and individuals receiving a subpoena may wish to consult an attorney if they have questions about their rights and obligations.
The hearing will be conducted by an administrative law judge employed by DIAL. Most hearings are conducted by toll-free conference call. The Notice of Hearing will provide instructions on how to participate in the call. It is important to follow the instructions to participate in the call at the time of the hearing because a party who fails to participate may have a default order entered against them or the hearing may be conducted without the party.
A party may request an in-person hearing by filing a request at least five days before the hearing. In-person hearings will typically be conducted at the Administrative Hearings Division offices in Des Moines. An administrative law judge may permit one party to appear in person and the other by telephone, upon that party's request.
At the hearing, the judge may first ask the parties to present opening statements, which is a chance to provide a summary of what the case is about. The opening statement is not evidence and an administrative law judge may proceed directly to hearing the evidence in less complex cases.
After any opening statement, the parties will present their evidence. The agency will generally first present any witnesses or exhibits. Each witness will be sworn in and testify one at a time, and the appellant will have the opportunity to ask each witness questions when the witness's testimony is complete. The judge may also ask questions. After the agency has presented all its evidence, the appellant may present any evidence. Again, each witness will testify one at a time and the agency representative and judge may question the witnesses. The appellant may also testify on his or her own behalf.
Once all parties have submitted their evidence, the administrative law judge will ask for closing arguments. This is an opportunity to summarize the case, including any evidence previously submitted. A closing argument is not evidence, and a party may choose to waive closing argument. After any closing arguments, the judge will typically indicate that the record is closed and the hearing is concluded.
In-Person Hearings. DIAL has multiple dedicated hearing rooms for administrative law judges to conduct in-person hearings. All rooms provide tables for parties and their attorneys to participate in the proceeding, a desk for the administrative law judge, a chair, and movable desk for witnesses to testify. There is also limited seating at the back of the hearing rooms for other interested persons to observe proceedings when permissible.
A large flat-screen television and DVD player are available for presentation of video evidence or other presentations (e.g., Microsoft PowerPoint). Attorneys or parties wishing to use this technology should contact DIAL in advance, as the technology is shared between hearing rooms. If the technology is not available, parties attending in-person hearings should plan to bring their own laptop or tablet.
If you have further questions about the hearing rooms or need to request special accommodations, please contact us.
Telephone Hearings. The majority of administrative hearings are conducted by telephone conference. The hearing process itself remains the same regardless of whether it is via telephone or in person. Administrative law judges are committed to ensuring all parties receive a fair hearing in either format.
At the time and date scheduled for a hearing, each party must call the toll-free phone number listed on the hearing notice instructions. The number to call is a toll-free number, beginning with 888, 855, 866, 877, and NOT the phone number with a 515 area code for the administrative law judge, who may also be listed on the hearing notice.
Once connected to the phone system, if the hearing has not yet started, the teleconference system will ask if the caller is the organizer. If you are a participant and not a judge, you are not considered the organizer—do not press "2." All parties will be put on hold until the administrative law judge enters the conference call; please stay on the line until they arrive.
It is each party's responsibility to call in for the hearing—this includes anyone being represented, any attorneys, and any witnesses. If you do not call using the instructions on the Notice of Hearing, you will not be able to participate in the hearing. If you have technical difficulties connecting at the time of hearing, please call 515.281.6468. Do NOT call the administrative law judge directly.
The telephone conference system begins recording as soon as the conference call begins. Any conversations that occur once the recording has started may be public records, depending on the confidentiality level of the case.
After the hearing has concluded, the judge will issue a written decision deciding the appeal and explaining the judge's reasons for the decision. The judge will not typically announce the decision during the hearing. The written decision must include findings of fact and conclusions of law as part of the decision and will typically be issued within 30 days of the hearing.
The decision written by the administrative law judge is typically a proposed decision that can be adopted, modified, or reversed by the final decision maker, which is typically the director of the State agency, or sometimes an entire board or commission. Any party, including the originating agency, may appeal the judge's proposed decision. If no party appeals the judge's proposed decision within the time required by agency rule, the proposed decision becomes the final agency decision automatically.
A proposed decision issued by an administrative law judge will typically contain instructions on how to appeal the decision, or be accompanied by a separate document that explains how to appeal the decision. A party must carefully follow the instructions for properly appealing the decision, including any deadline for filing the appeal. As with filing the initial appeal, an appellant who fails to file a proper appeal of the proposed decision may have the appeal denied and be prohibited from any further challenge of the agency decision.
The final decision maker from DIAL may send a notice that the appeal of the proposed decision has been received and may provide additional information about its procedures for issuing a final decision. Parties may submit written arguments to the final decision maker and may request the opportunity to present in-person arguments. The final decision maker will ultimately issue a written final decision.
Within 20 days of the issuance of a final decision, any party may file an application for rehearing. The application must state the specific grounds for the rehearing and the relief sought, and must be promptly mailed to the agency and to all parties not joining in the application. The agency final decision or the applicable administrative rules may provide additional details on how an application for rehearing must be filed and whether an application for rehearing is required to be filed before appealing the agency decision to district court. An application for rehearing is considered to be denied unless the agency grants the application within 20 days after its filing.
A party who loses in the agency's final decision may appeal the decision to the district court by filing a petition for judicial review under Section 17A.19 of the Iowa Code within 30 days of the date of the final agency decision.
If you’ve had a weapons permit suspended or revoked or have had your weapons permit application denied, you may appeal these decisions according to Section 724.21A and Chapter 481-11 of Iowa Code. You are not required to be represented by an attorney at your hearing, but the department strongly suggests obtaining legal advice or representation.
In order to appeal a weapons permit decision, you must file an appeal with DIAL’s Administrative Hearings Division within 30 days of receiving the decision from the sheriff or commissioner of the Iowa Department of Public Safety. This appeal should contain a written statement clearly stating your reasons for rebutting the denial, suspension, or revocation; a copy of the sheriff’s or commissioner’s written denial, suspension, or revocation; and the $10 filing fee for your appeal (checks should be made out to the Iowa Department of Inspections, Appeals, and Licensing). You may also include any additional supporting information you feel is relevant to your appeal. Please mail this appeal by first-class mail, courier service, or personal delivery to the following address:
DIA Administrative Hearings Division Wallace State Office Building, Third Floor 502 East 9th Street Des Moines, IA 50319
After your appeal is received, a Notice of Hearing will be issued to all necessary parties if the appeal is valid. Your hearing will take place within 45 days of DIAL receiving your appeal request. If you decide to revoke your appeal request, you may file a written request to withdraw. Your hearing will follow the typical process for either telephone or in-person hearing (this will be specified on your Notice of Hearing).
If you lose your appeal, you may request a rehearing by filing an application for rehearing within 20 days of the administrative law judge’s final decision. You may also opt to appeal the administrative law judge’s final decision by filing a petition for judicial review under Section 17A.19 of Iowa Code within 30 days of the judge’s final decision.
To learn more about contested cases involve permits to carry weapons or acquire firearms, review Chapter 481—11 of Iowa Code.
Wallace State Office Building 502 E Ninth Street, Third Floor Des Moines, IA50319
DIAL's Administrative Hearings Division provides independent administrative law judges to make decisions regarding disputes primarily between private citizens and government agencies.
