68B.32C Contested case proceedings.
1. Contested case proceedings initiated as a result of the issuance of a statement of charges pursuant to section 68B.32B, subsection 9, shall be conducted in accordance with the requirements of chapter 17A. Clear and convincing evidence shall be required to support a finding that a person has violated this chapter, section 8.7, or any rules adopted by the board pursuant to this chapter. A preponderance of the evidence shall be required to support a finding that a person has violated chapter 68A or any rules adopted by the board pursuant to chapter 68A. The case in support of the statement of charges shall be presented at the hearing by one of the board’s attorneys or staff unless, upon the request of the board, the charges are prosecuted by another legal counsel designated by the attorney general. A person making a complaint under section 68B.32B, subsection 1, is not a party to contested case proceedings conducted relating to allegations contained in the complaint.
2. Hearings held pursuant to this chapter shall be heard by a quorum of the board, unless the board designates a board member or an administrative law judge to preside at the hearing. If a quorum of the board does not preside at the hearing, the board member or administrative law judge shall make a proposed decision. The board or presiding board member may be assisted by an administrative law judge in the conduct of the hearing and the preparation of a decision.
3. Upon a finding by the board that the party charged has violated this chapter, chapter 68A, section 8.7, or rules adopted by the board, the board may impose any penalty provided for by section 68B.32D. Upon a final decision of the board finding that the party charged has not violated this chapter, chapter 68A, section 8.7, or the rules of the board, the complaint shall be dismissed and the party charged and the original complainant, if any, shall be notified.
4. The right of an appropriate county attorney or the attorney general to commence and maintain a district court prosecution for criminal violations of the law is unaffected by any proceedings under this section.
5. The board shall adopt rules, pursuant to chapter 17A, establishing procedures to implement this section.
93 Acts, ch 163, §17; 2006 Acts, ch 1035, §6; 2007 Acts, ch 126, §17
Referred to in §68A.101, 68B.32A, 331.756(14)
Structure Iowa Code
Title II - ELECTIONS AND OFFICIAL DUTIES
Chapter 68B - GOVERNMENT ETHICS AND LOBBYING
Section 68B.2A - Prohibited outside employment and activities — conflicts of interest.
Section 68B.2B - Executive branch compensation.
Section 68B.2C - Prohibited outside employment and activities — agents of foreign principals.
Section 68B.3 - When public bids required — disclosure of income from other sales.
Section 68B.4 - Sales or leases by regulatory agency officials and employees.
Section 68B.4A - Sales by legislative employees.
Section 68B.4B - Sales or leases by members of the office of the governor.
Section 68B.5 - Gifts solicited or accepted.
Section 68B.5A - Ban on certain lobbying activities.
Section 68B.6 - Services against state prohibited.
Section 68B.7 - Prohibited use of influence.
Section 68B.8 - Lobbying activities by state agencies.
Section 68B.21 - Legislative intent.
Section 68B.22 - Gifts accepted or received.
Section 68B.23 - Honoraria — banned.
Section 68B.24 - Loans — receipt from lobbyists prohibited.
Section 68B.25 - Additional penalty.
Section 68B.26 - Actions commenced.
Section 68B.31 - Legislative ethics committee.
Section 68B.31A - Investigation by independent special counsel — probable cause.
Section 68B.32 - Independent ethics and campaign disclosure board — established.
Section 68B.32A - Duties of the board.
Section 68B.32B - Complaint procedures.
Section 68B.32C - Contested case proceedings.
Section 68B.32D - Penalties — recommended actions.
Section 68B.33 - Judicial review — enforcement.
Section 68B.34 - Additional penalty.
Section 68B.34A - Actions commenced against local officials or employees.
Section 68B.36 - Applicability — lobbyist registration required.
Section 68B.37 - Lobbyist reporting.