Iowa Admin. Code r. 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.
Notes
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(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.