Iowa Administrative Code
Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive
Chapter 17 - APPEALS-CONTESTED CASES
Rule 591-17.30 - Stays of UST board actions
Universal Citation: IA Admin Code 591-17.30
Current through Register Vol. 46, No. 19, March 20, 2024
(1) When available.
a. Any party
to a contested case proceeding may petition the UST board for a stay of an
order issued in that proceeding, pending review by the agency. The petition for
a stay shall be filed with the notice of appeal and shall state the reasons
justifying a stay. The UST 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 UST board for a stay,
pending judicial review, of all or part of that proceeding. The petition for a
stay shall state the reasons justifying a stay.
(2) When granted. In determining whether to grant a stay, the presiding officer or UST board, as appropriate, shall consider whether substantial questions exist as to the propriety of the order for which a stay is requested, whether the party will suffer substantial and irreparable injury without the stay, and whether, and the extent to which, the interests of the public and other persons will be adversely affected by such a stay.
(3) Vacation. A stay may be vacated by the issuing authority upon application of the UST board or any other party.
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