Iowa Code r. 497-4.28 - Stays of agency 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 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.
(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."
(3)
Vacation. A stay may be vacated by the issuing authority upon
application of any party.
Notes
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