Opinion
No. 5-771 / 05-0332
Filed November 23, 2005
Appeal from the Iowa District Court for Polk County, Robert J. Blink, District Judge.
Roland appeals from the order denying his petition for judicial review. AFFIRMED.
William P. Roland, Ankeny, pro se.
Thomas J. Miller, Attorney General and Mary K. Wickman, Assistant Attorney General, for appellee.
Considered by Sackett, C.J., and Vogel and Eisenhauer, JJ.
William Roland previously challenged administrative action of the Iowa Department of Human Services (IDHS). The district court affirmed the IDHS on judicial review. This court reversed the district court and remanded the case for further administrative action. Roland v. Iowa Dep't of Human Servs., No. 02-0941 (Iowa Ct. App. 2003). Following remand, the administrative law judge found against Roland. The administrative law judge's action became final agency action on July 23, 2004. Roland then filed pleadings in the now-closed prior action for judicial review, seeking a thirty-day extension to prosecute judicial review. The district court denied the request on August 12, 2004, noting the case was closed following remand. On September 30, 2004, Roland filed a motion for supervisory control in the closed file. The district court concluded the motion was a de facto request for judicial review, but denied it as untimely.
The only issue before this court is whether the district court properly denied Roland's petition for judicial review as untimely. Iowa Code section 17A.19(3) (2003) requires a petition for judicial review to be filed within thirty days of final agency action. Because Roland's September 30 petition was filed more than thirty days after the July 23 final agency action, the district court properly found it was untimely. Accordingly, we affirm.