(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. A party must petition the board for a stay pursuant to this
rule prior to requesting a stay from the district court in a judicial review
proceeding.
(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." The board will not grant a stay in any case in which the
district court would be expressly prohibited by statute from granting a
stay.
(3)
Vacation. A stay may be vacated by the issuing authority upon
application of the board or any other party.
Notes
Iowa Admin. Code
r. 481-506.27
ARC
8080C, IAB 6/26/2024, effective 7/31/2024; Editorial change: IAC Supplement
9/18/2024
Adopted by
IAB
April 16, 2025/Volume XLVII, Number 21, effective
3/28/2025
