Iowa Admin. Code r. 481-506.26 - Applications for rehearing
(1)
Who may file. Any party to a contested case proceeding may
file an application for rehearing from a final order. The filing of an
application for rehearing is not necessary to exhaust administrative remedies
for purposes of judicial review.
(2)
Content of application.
The application for rehearing will state on whose behalf it is filed, the
specific grounds for rehearing, and the relief sought. In addition, the
application shall state whether the applicant desires reconsideration of all or
part of the agency decision on the existing record and whether the applicant
requests an opportunity to submit additional evidence.
(3)
Additional evidence. A
request that additional evidence be considered on rehearing is governed by
paragraph 506.25(2)"e."
(4)
Filing deadline. The
application shall be filed with the board within 20 days after issuance of the
final decision.
(5)
Notice
to other parties. A copy of the application shall be timely mailed by
the applicant to all parties of record not joining therein.
(6)
Disposition. Any
application for a rehearing is deemed denied unless the agency grants the
application within 20 days after its filing.
(7)
Only remedy. Application
for rehearing is the only procedure by which a party may request that the board
reconsider a final board decision.
(8)
Proceedings. If the
board grants an application for rehearing, the board may set the application
for oral argument or for hearing if additional evidence will be received. If
additional evidence will not be received, the board may issue a ruling without
oral argument or hearing. The board may, on the request of a party or on its
own motion, order or permit the parties to provide written argument on one or
more designated issues. The board may be assisted by an administrative law
judge in all proceedings related to an application for rehearing.
Notes
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(1) When available. 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 or pending judicial review. The petition shall state the reasons justifying a stay or other temporary remedy.
(2) When granted. In determining whether to grant a stay, the 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 .