Iowa Admin. Code r. 661-10.328

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

Rule 661-10.328 - 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.

a. The application for rehearing shall 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, on the basis of the grounds enumerated in subrule 10.327(4), the applicant requests an opportunity to submit additional evidence.

b. Substantially state in separate numbered paragraphs the following:

(1) Clear and concise statements of the reasons for requesting a rehearing and each and every error which the party alleges to have been committed during the contested case proceedings;

(2) Clear and concise statements of all relevant facts upon which the party relies;

(3) Refer to any particular statute or statutes and any rule or rules involved;

(4) The signature of the party or that of the representative.

(3)Time of filing. The application shall be filed with the Office of the Commissioner, Department of Public Safety, State Public Safety Headquarters Building, 215 East 7th Street, Des Moines, Iowa 50319, within 20 days after issuance of the final decision.

(4)Notice to other parties. A copy of the application shall 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 department shall serve copies on all parties.

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

[Editorial change: IAC Supplement 2/11/09]

Iowa Admin. Code r. 661-10.328