Iowa Code 515A.18 – Hearing procedure and judicial review
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1. Any person, insurer or rating organization to which the commissioner has directed an order made without a hearing may, within thirty days after notice to it of such order, make written request to the commissioner for a hearing thereon. The commissioner shall hear such party or parties within twenty days after receipt of such request and shall give not less than ten days’ written notice of the time and place of the hearing. Within fifteen days after such hearing the commissioner shall affirm, reverse or modify the previous action, specifying the commissioner’s reasons therefor. Pending such hearing and decision thereon the commissioner may suspend or postpone the effective date of the commissioner’s previous action.
Terms Used In Iowa Code 515A.18
- Commissioner: means the commissioner of insurance. See Iowa Code 515A.2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Insurer: means an insurer which issues a policy of workers' compensation liability insurance. See Iowa Code 515A.2
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Rating organization: means a workers' compensation rating organization licensed pursuant to this chapter. See Iowa Code 515A.2
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
2. Nothing contained in this chapter shall require the observance at any hearing of formal rules of pleading or evidence.
3. a. Judicial review of the actions of the commissioner may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.
b. The court shall determine whether the filing of the petition for such writ shall operate as a stay of any such order or decision of the commissioner. The court may, in disposing of the issue before it, modify, affirm or reverse the order or decision of the commissioner in whole or in part.