LEO SCHUPANITZ, Complainant,

VS.

NORTH CENTRAL IOWA PORK PRODUCERS, NORTH IOWA POW LIMITED, and N.I.P., LTD, Respondents.

RULING ON MOTION FOR DISMISSAL ON BASIS OF AGENCY DELAY

Respondent moved to dismiss the complaint because of the prejudice due to passage of time between the date the complaint was filed (April 1982) and date of hearing (12-22-86). In order to be entitled to a dismissal due to a delay in processing, Respondent must show three things: 1) The agency took longer than a "rational" agency in the exercise of its expert discretion would have, 2) there is prejudice which can be identified with such specificity that the finder of fact can assess the loss of evidence compared to any remaining evidence, 3) there is a cause-and- effect relationship between any inordinate delay and any loss of evidence or testimony. See Norman George v. Clinton Corn Processing Co., Iowa Civil Rights Commission Case Reports Vol. 5, pg. 25, 27 (1979); Taylor v. Department of Transportation , 260 N.W. 2d 521, 523 (Iowa 1977); Cedar Rapids Steel Transportation Inc. v. Iowa State Commerce Comm., 160 N.W. 2d 825 (Iowa 1968). Mere passage of time does not create a defense warranting dismissal. EEOC v. Westinghouse Electric Corp., 592 F. 2d 484, 486 (8th Cir. 1979). The motion to dismiss on the basis of delay is denied.

The Respondent's objection to Complainant's Exhibit 14 is denied. See 240 Iowa Admin. Code 1. 9(11).