Iowa Admin. Code r. 685-4.30 - Stays of OSA actions
(1)
When available.
a. Any party
to a contested case proceeding may petition OSA for a stay of an order issued
in that proceeding or for other temporary remedies, pending review by OSA. The
petition shall be filed with the notice of appeal and shall state the reasons
justifying a stay or other temporary remedy. The state archaeologist may rule
on the stay or authorize the presiding officer to do so.
b. Any party to a contested case proceeding
may petition OSA 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.
(2)
When granted. In
determining whether to grant a stay, the presiding officer or state
archaeologist shall consider the factors listed in Iowa Code section
17A.19(5)
"c. "
(3)
Vacation. A stay may be
vacated by the issuing authority by application of any party to OSA or by OSA
acting sua sponte.
Notes
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