Iowa Admin. Code r. 497-4.28 - Stays of agency actions
Current through Register Vol. 44, No. 6, September 22, 2021
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497—4.28(17A) Stays of agency actions.
4.28(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 shall be filed with the notice of appeal and shall state the reasons justifying a stay or other temporary remedy. 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 or other temporary remedies pending judicial review of all or part of that proceeding. The petition shall state the reasons justifying a stay or other temporary remedy. A party must petition the board for a stay before seeking a stay in district court.
4.28(2) When granted. In determining whether to grant a stay, the presiding officer or the board shall consider the factors listed in Iowa Code section 17A.19(5)“c.”
4.28(3) Vacation. A stay may be vacated by the issuing authority upon application of any party.
[ARC 0741C, IAB 5/15/13, effective 7/1/13]