Iowa Code r. 129-6.30 - 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 office decision on the existing record and whether, on the basis of the grounds enumerated in subrule 6.29(4), the applicant requests an opportunity to submit additional evidence.

(3) Time of filing. The application shall be filed with the office 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 office shall serve copies on all parties.

(5) Disposition. Any application for a rehearing shall be deemed denied unless the CIO grants the application within 20 days after its filing.

(6) Proceedings. If the CIO grants an application for rehearing, the CIO may set the application for oral argument or for hearing if additional evidence will be received. If additional evidence will be received, the CIO may remand the case to the presiding officer for further hearing or may preside at the taking of additional evidence. If additional evidence will not be received, the CIO may issue a ruling without oral argument or hearing. The CIO may, on the request of a party or on the CIO's own motion, order or permit the parties to provide written argument on one or more designated issues. The CIO may be assisted by an administrative law judge in all proceedings related to an application for rehearing.

Notes

Iowa Code r. 129-6.30

ARC 2542C, IAB 5/25/16, effective 6/29/16

Adopted by IAB May 25, 2016/Volume XXXVIII, Number 24, effective 6/29/2016