Iowa Admin. Code r. 193-7.34 - Stays of board actions
(1)
When available.
a. Any party
to a contested case proceeding may petition the board for a stay of an order
issued in that proceeding or for other temporary remedies, pending review by
the board . The petition will be filed with the notice of appeal and will state
the reasons justifying a stay or other temporary remedy. The board may rule on
the stay or authorize the administrative law judge to do so.
b. Any party to a contested case proceeding
may petition the board for a stay or other temporary remedies, pending judicial
review of all or part of that proceeding. The petition will state the reasons
justifying a stay or other temporary remedy. Seeking a stay from the board is
required to exhaust administrative remedies before a stay may be sought from
the district court.
(2)
When granted. In determining whether to grant a stay, the
presiding officer or board will consider the factors listed in Iowa Code
section 17A.19(5)
"c."
(3)
Vacation. A stay may be vacated by the issuing authority upon
application of the board or any other party .
Notes
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