31.3 Appeals from an Adjudicatory Order

On appeal from an adjudicatory order the Board may, in its discretion, (1) review the order on the basis of the record of the proceedings before the final appeal body of the institution; (2) remand all or any part of the order to the final appeal body of the institution for further proceedings as directed by the Board; or (3) hold an evidentiary hearing of its own on all or any part of the order. The employee may request either an open or closed hearing, but the Board shall, in its discretion and as provided by law in Chapter 21.5, Iowa Code, determine whether the hearing shall be open or closed. Technical rules of evidence shall not apply at any hearing, and the Board shall, in its discretion, determine the relevancy and admissibility of all evidence. If the Board decides to review the order on the basis of the record of the proceedings before the final appeal body of the institution, the institution shall within seven days of the Board's decision provide the employee with a written copy of the record of such proceedings (which may be either a verbatim transcript or a narrative summary). The employee may dispute the accuracy of all or any part of the record and, if the matter cannot be resolved to the mutual satisfaction of the employee and the institution, the Board shall determine the procedure for settling the record.