Court of Appeals Affirms Sanction on Claimant for Service of Subpoena
Tuttle v. Archer Daniels Midland Co. , No. 23-1941 (Iowa App. Jan. 9, 2025) In this unusual case, the deputy ordered claimant to reimburse her employer $3900 for allegedly harassing conduct in the service of a subpoena on a doctor. Claimant alleges the sanction was a nullity because the agency lacked the authority to adjudicate subpoenas. The Court disagrees and affirms the commissioner's sanction. The Court had earlier addressed this case and had remanded to the district court to determine whether all administrative remedies had been exhausted and to determine whether review of agency action would provide an adequate remedy. The district court found administrative remedies adequate and indicated claimant must exhaust such remedies before proceeding. Because claimant had not appealed to the commissioner, there was still a remedy to be exhausted. The case arose when claimant served a subpoena on the employer's expert. ADM subsequently soug...