Iowa Admin. Code r. 191-3.29

Current through Register Vol. 47, No. 6, October 2, 2024

Rule 191-3.29 - Stay of division action

(1) Petition requirements for stay of division action.

a. Any party to a contested case proceeding may petition the commissioner for a stay of an order issued in that proceeding or for other temporary remedies, pending review by the division. The petition shall be filed with the notice of appeal and shall state the reasons justifying a stay or other temporary remedy. The commissioner may rule on the stay or authorize the presiding officer to do so.

b. Any party to a contested case proceeding may petition the commissioner for a stay or other temporary remedy pending judicial review of all or part of that proceeding. The petition shall state the reasons justifying a stay or other temporary remedy.

(2) In determining whether to grant a stay, the presiding officer or commissioner shall consider the factors listed in Iowa Code section 17A.19(5).

(3) Any petition for stay of division action shall be deemed denied unless the commissioner grants the application within 20 days after its filing.

(4) A stay may be vacated by the issuing authority upon application of the commissioner or any other party.

Iowa Admin. Code r. 191-3.29

Amended by IAB September 23, 2020/Volume XLIII, Number 7, effective 10/28/2020

Adopted by IAB March 20, 2024/Volume XLVI, Number 19, effective 4/24/2024