Iowa Administrative Code
Agency 721 - Secretary of State
Division II - Elections
Chapter 25 - Election Administration-administrative Complaint Procedure
Rule 721-25.9 - Written Decisions, Available Remedies

Universal Citation: IA Admin Code 721-25.9

Current through Register Vol. 47, No. 6, September 18, 2024

(1) Decision format. All final determinations resolving complaint proceedings shall be in writing and shall include findings of fact and conclusions of law as required by Iowa Code section 17A.16(1).

(2) Violation found-remedies. If, based upon a preponderance of evidence provided through written submissions or at hearing, the presiding officer determines that a violation of Title III has been established, the presiding officer shall issue an order providing for an appropriate remedy. The remedy so provided shall be designed to ensure compliance with the requirements of Title III and may include an order to any respondent directing the respondent to take specified action or prohibiting the respondent from taking specified action with respect to a past, immediately pending, or future election. The remedy shall not include an award of monetary damages or attorney's fees.

(3) No violation found. If, based upon a preponderance of evidence provided through written submissions or at hearing, the presiding officer determines that no violation of Title III has been established, the presiding officer shall issue an order dismissing the complaint.

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