Iowa Admin. Code r. 661-10.329

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

Rule 661-10.329 - Stays of agency actions

(1)When available.

a. Any party to a contested case proceeding may petition the department for a stay of an order issued in that proceeding or for other temporary remedies, pending review by the agency. The petition shall be filed with the notice of appeal and shall state the reasons justifying a stay or other temporary remedy. The commissioner may rule on the stay or authorize the presiding officer to do so.

b. Any party to a contested case proceeding may petition the department for a stay or other temporary remedies pending judicial review of all or part of that proceeding. The petition shall state the reasons justifying a stay or other temporary remedy.

(2)When granted. In determining whether to grant a stay, the presiding officer or commissioner shall consider the factors listed in 1998 Iowa Acts, chapter 1202, section 23(5c).

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

Iowa Admin. Code r. 661-10.329