Iowa Admin. Code r. 875-84.30 - [Effective until 3/26/2025] Stays of board actions
(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
administrative law judge 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.
(2)
When granted. In
determining whether to grant a stay, the presiding officer or board shall
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.
Notes
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(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 administrative law judge 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.
(2) When granted. In determining whether to grant a stay, the presiding officer or board shall 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.