Iowa Admin. Code r. 645-11.25

Current through Register Vol. 47, No. 8, October 30, 2024

Rule 645-11.25 - Applications for rehearing

(1)Who may file. Any party to a contested case proceeding may file an application for rehearing from a final order. The filing of an application for rehearing is not necessary to exhaust administrative remedies for purposes of judicial review.

(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 shall state whether the applicant desires reconsideration of all or part of the agency decision on the existing record and whether 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 (a) the facts or other evidence arose after the original proceeding, or (b) the party offering such evidence could not reasonably have provided such evidence at the original proceedings, or (c) the party offering the additional evidence was misled by any party as to the necessity for offering such evidence at the original proceeding. A written request to present additional evidence must be filed with the application for rehearing or by a nonappealing party within 14 days of service of the notice of appeal.

(4)Filing deadline. The application will be filed with the board within 20 days after issuance of the final decision.

(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.

(6)Disposition. Any application for a rehearing will be deemed denied unless the agency grants the application within 20 days after its filing.

(7)Only remedy. Application for rehearing is the only procedure by which a party may request that the board reconsider a final board decision.

(8)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. 645-11.25

Amended by IAB June 26, 2024/Volume XLVI, Number 27, effective 7/31/2024