Iowa Admin. Code r. 657-35.32 - [Rescinded effective 7/16/2025] Applications for rehearing
(1)
By whom
filed. Any party to a contested case proceeding may file an
application for rehearing from a final order.
(2)
Content of application.
The application for rehearing shall 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 board decision on the existing record and whether, upon showing
good cause, the applicant requests an opportunity to submit additional
evidence. A party may request the taking of additional evidence after the
issuance of a final order only by establishing that:
a. The evidence is material; and
b. The evidence arose after the completion of
the original hearing; or
c. Good
cause exists for failure to present the evidence at the original hearing;
and
d. The party has not waived the
right to present additional evidence.
(3)
Time of filing. The
application shall be filed with the board within 20 days after issuance of the
final decision.
(4)
Notice
to other parties. A copy of the application shall be timely mailed by
the applicant to all parties of record not joining therein. If the application
does not contain a certificate of service, the board shall serve copies on all
parties.
(5)
Disposition. Any application for a rehearing shall be deemed
denied unless the board grants the application within 20 days after its
filing.
(6)
Only
remedy. Application for rehearing is the only procedure by which a
party may request that the board reconsider a final board decision.
Notes
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(1) By whom filed. Any party to a contested case proceeding may file an application for rehearing from a final order.
(2) Content of application. The application for rehearing shall 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 board decision on the existing record and whether, upon showing good cause, the applicant requests an opportunity to submit additional evidence. A party may request the taking of additional evidence after the issuance of a final order only by establishing that:
a. The evidence is material; and
b. The evidence arose after the completion of the original hearing; or
c. Good cause exists for failure to present the evidence at the original hearing; and
d. The party has not waived the right to present additional evidence.
(3) Time of filing. The application shall be filed with the board within 20 days after issuance of the final decision.
(4) Notice to other parties. A copy of the application shall be timely mailed by the applicant to all parties of record not joining therein. If the application does not contain a certificate of service, the board shall serve copies on all parties.
(5) Disposition. Any application for a rehearing shall be deemed denied unless the board grants the application within 20 days after its filing.
(6) Only remedy. Application for rehearing is the only procedure by which a party may request that the board reconsider a final board decision.