Iowa Admin. Code r. 193-7.34

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

Rule 193-7.34 - Stays of board actions

(1)When available.

a. Any party to a contested case proceeding may petition the board for a stay of an order issued in that proceeding or for other temporary remedies, pending review by the board. The petition will be filed with the notice of appeal and will state the reasons justifying a stay or other temporary remedy. The board may rule on the stay or authorize the administrative law judge to do so.

b. Any party to a contested case proceeding may petition the board for a stay or other temporary remedies, pending judicial review of all or part of that proceeding. The petition will state the reasons justifying a stay or other temporary remedy. Seeking a stay from the board is required to exhaust administrative remedies before a stay may be sought from the district court.

(2)When granted. In determining whether to grant a stay, the presiding officer or board will consider the factors listed in Iowa Code section 17A.19(5)"c."

(3)Vacation. A stay may be vacated by the issuing authority upon application of the board or any other party.

Iowa Admin. Code r. 193-7.34

Amended by IAB October 12, 2016/Volume XXXIX, Number 08, effective 11/16/2016

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