Iowa Admin. Code r. 193-7.33

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 193-7.33 - Applications for rehearing

(1)By whom filed. Any party to a contested case proceeding may file an application for rehearing from a final order.

(2)Content of application. The application for rehearing will state on whose behalf it is filed, the specific grounds for rehearing, and the relief sought. In addition, the application will state whether the applicant desires reconsideration of all or part of the board decision on the existing record and whether, on the basis of the grounds enumerated in subrule 7.33(3), the applicant requests an opportunity to submit additional evidence.

(3)Additional evidence. A party may request the taking of additional evidence only by establishing that (1) the facts or other evidence arose after the original proceeding, or (2) the party offering such evidence could not reasonably have provided such evidence at the original proceeding, or (3) the party offering the additional evidence was misled by any party as to the necessity for offering such evidence at the original proceeding.

(4)Time of filing. The application will be filed with the board within 20 days after issuance of the final decision. The board's final decision is deemed issued on the date it is mailed or the date of delivery if service is by other means, unless another date is specified in the order. The application for rehearing is deemed filed on the date it is received by the board unless the provisions of subrule 7.17(4) apply.

(5)Notice to other parties. A copy of the application will be timely mailed by the applicant to all parties of record not joining therein. If the application does not contain a certificate of service, the board will serve copies of the application on all parties.

(6)Disposition. An application for rehearing will be deemed denied unless the board grants the application within 20 days after its filing. An order granting or denying an application for rehearing is deemed issued on the date it is filed with the board.

(7)Proceedings. If the board grants an application for rehearing, the board may set the application for oral argument or for hearing if additional evidence will be received. If additional evidence will not be received, the board may issue a ruling without oral argument or hearing. The board may, on the request of a party or on its own motion, order or permit the parties to provide written argument on one or more designated issues. The board may be assisted by an administrative law judge in all proceedings related to an application for rehearing.

Iowa Admin. Code r. 193-7.33

Adopted by IAB July 10, 2024/Volume XLVII, Number 1, effective 8/14/2024