Iowa Code 455B.110 – Administrative appeal orders — deadline
Current as of: 2023 | Check for updates
|
Other versions
1. An order issued by the director or the department pursuant to authority granted in this chapter may be appealed, resulting in the scheduling of a contested case hearing as provided for in chapter 17A. The appeal must be received by the director within the applicable time frame established in this section. If the appeal is not received within the applicable time frame, the appeal is not timely and the order is final agency action.
Terms Used In Iowa Code 455B.110
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Department: means the department of natural resources created under section 455A. See Iowa Code 455B.101
- Director: means the director of the department or a designee. See Iowa Code 455B.101
- Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. For a person that holds a permit issued by the department, an appeal must be received by the director within sixty days of the issuance of the order to the address of the person identified in the permit and the address of the responsible party listed in the permit, if any.
3. For a person that is required to maintain a registered agent or a registered office in the state and does not hold a permit issued by the department, an appeal must be received by the director within sixty days of the issuance of the order to the official registered agent address on file with the secretary of state.
4. For any other person, an appeal must be received by the director within sixty days of issuance to the last known address.
5. The director or the department shall provide a copy of the order by ordinary mail or electronic mail to the person’s attorney if the attorney has been identified to the department as representing the person.
6. For the purposes of this section, the date of issuance of an order by the director or the department is the postmarked date that the order is sent by the department to the registered agent or party by certified mail. For the purposes of this section, the date of receipt by the director is the postmarked date that the appeal was sent to the director.