Iowa Admin. Code r. 187-11.29

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

Rule 187-11.29 - Stays of division actions

(1)When available.

a. Any party to a contested case proceeding may petition the division of banking 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 superintendent may rule on the stay or authorize the presiding officer to do so.

b. Any party to a contested case proceeding may petition the division of banking 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. Seeking a stay from the division is required to exhaust administrative remedies prior to seeking a stay from the district court.

(2)When granted. In determining whether to grant a stay, the presiding officer or superintendent shall consider the factors listed in 1998 Iowa Acts, chapter 1202, section 23(5c).

(3)Vacation. A stay may be vacated by the issuing authority upon application of the division or any other party.

Iowa Admin. Code r. 187-11.29

Amended by IAB October 10, 2018/Volume XLI, Number 8, effective 11/14/2018