Iowa Admin. Code r. 481-11.9 - Withdrawals and dismissals

A request for withdrawal or dismissal of the appeal may be made with the division prior to the hearing. Either request must be in writing or secured on the record.

(1) Withdrawals. An applicant or permittee who requested a contested case proceeding may request a withdrawal of the appeal. Upon receipt of a request for withdrawal of the appeal, the administrative law judge shall issue an order dismissing the appeal and addressing the award of attorney fees pursuant to rule 481-ll.ll(lOA).

(2) Dismissals. An agency may request a dismissal of the appeal by agreeing to grant the entire relief sought by the applicant or permittee. The administrative law judge shall review a request for dismissal to determine whether it grants all relief requested in the appeal. If the request grants all relief requested in the appeal, the administrative law judge shall issue an order dismissing the appeal, ordering the agency to grant the relief requested, determining that no attorney fees are to be awarded, and closing the case.

Notes

Iowa Admin. Code r. 481-11.9

ARC 9299B, lAB 12/29/10, effective 1/1/11; ARC 9400B, lAB 3/9/11, effective 4/20/11 Amended by IAB July 19, 2017/Volume XL, Number 2, effective 8/23/2017