Iowa Admin. Code r. 875-1.93

Current through Register Vol. 47, No. 5, September 4, 2024

Rule 875-1.93 - Stays of agency actions

(1)When available.

a. Any party to a contested case proceeding may petition the division for a stay of an order issued in that proceeding or for other temporary remedies, pending review by the division. 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 division 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 the commissioner shall consider the factors listed in Iowa Code section 17A.19.

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

Iowa Admin. Code r. 875-1.93

Amended by IAB August 28, 2019/Volume XLII, Number 5, effective 10/2/2019