Iowa Admin. Code r. 351-11.28 - Stay of agency 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 pending review by the board. The
petition for a stay shall be filed with the statement of exceptions
and shall state the reasons justifying a stay. The board may rule on
the stay or authorize the presiding officer to do so.
b. Any party to a contested case
proceeding may petition the board for a stay pending judicial review
of all or part of that proceeding. The petition for a stay shall
state the reasons justifying a stay.
(2)
When granted.
In determining whether to grant a stay, the presiding officer or
board, as appropriate, shall consider whether substantial questions
exist as to the propriety of the order for which a stay is requested,
whether the party will suffer substantial and irreparable injury
without the stay, and whether the interests of the public and other
persons will be adversely affected by such a stay.
(3)
Vacation. A
stay may be vacated by the issuing authority upon application of the
board or any other party .
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.