Iowa Admin. Code r. 161-3.46 - Withdrawal process
(1)
Withdrawal of complaint.
A complainant may withdraw any part of a complaint prior to notice of a
contested case hearing. After notice of a contested hearing, a complainant may
only withdraw a complaint or any part of a complaint at the administrative law
judge's discretion. The agency may continue investigating where deemed in the
public interest.
(2)
Reopening of a withdrawn complaint. A complainant may request
their withdrawn complaint be reopened within 90 days after closure, only if the
agency finds that the request for withdrawal was either not filed voluntarily
or was filed as a result of a mistake concerning the effect of the request for
withdrawal.
(3)
Withdrawal
as a term of settlement. If the withdrawal is filed pursuant to a
conciliation, mediation or other settlement agreement, the complainant is
barred from applying for reopening on the ground the agreement was not
voluntary, unless the district court has first determined the settlement
agreement is invalid.
Notes
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