Petition for Reconsideration (Administrative Agency)

APPLICATION FOR REHEARING / PETITION FOR RECONSIDERATION

Before the [________________________________]

State of Iowa

In the Matter of:

[________________________________],
Petitioner/Applicant,

v.

[________________________________],
Respondent Agency.

Docket No.: [________________________________]
Agency Case No.: [________________________________]

APPLICATION FOR REHEARING

Pursuant to Iowa Code § 17A.16(2)

Petitioner, [________________________________], by and through undersigned counsel [or pro se], hereby files this Application for Rehearing of the Final Decision issued by the [________________________________] on [__/__/____], pursuant to Iowa Code § 17A.16(2) and the Iowa Administrative Procedure Act.

I. PRELIMINARY STATEMENT

Under Iowa Code § 17A.16(2), any party may file an application for rehearing of a final decision of an agency within twenty (20) days after the issuance of the final decision. This Application is timely filed and sets forth specific grounds upon which Petitioner requests rehearing and reconsideration of the Agency's Final Decision.

The [Final Decision / Final Order] (the "Decision") [describe the challenged action: e.g., denied Petitioner's application for / revoked Petitioner's / upheld a civil penalty against Petitioner in the amount of $[____________]]. For the reasons stated below, the Decision contains errors of law and/or fact that require correction through rehearing.

II. JURISDICTION AND STATUTORY AUTHORITY

A. Statutory Basis for Rehearing

Iowa Code § 17A.16(2) provides:

"Any party may file an application for rehearing of any final decision within twenty days after issuance of the decision and shall state the specific grounds upon which relief is requested. The application for rehearing is deemed denied unless the agency grants the application within twenty days after its filing."

This Application is filed pursuant to Iowa Code § 17A.16(2) and [cite any applicable agency-specific rule, e.g., Iowa Administrative Code R. [____]].

B. Timeliness

☐ This Application is timely. The Final Decision was issued on [__/__/____]. The twenty-day deadline for filing this Application expires on [__/__/____]. This Application is filed on [__/__/____].

Deadline Calculation:

• Date Final Decision issued: [__/__/____]
• Deadline (20 days from issuance): [__/__/____]
• Date this Application filed: [__/__/____]

C. Effect on Judicial Review Deadline

Under Iowa Code § 17A.19, a petition for judicial review must be filed within thirty (30) days after the issuance of the agency's final decision. However:

• If an application for rehearing under § 17A.16(2) is filed, the thirty-day judicial review period runs from the date the application is denied or deemed denied.
• An application for rehearing is deemed denied if the agency does not grant it within twenty (20) days after its filing.
• If the agency grants the application and issues a new final decision on rehearing, the thirty-day judicial review period runs from that new decision.

Filing this Application tolls the judicial review deadline. Confirm the specific tolling effect under the relevant agency's rules with qualified counsel.

III. IDENTIFICATION OF PARTIES

A. Petitioner

Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________]
Telephone: [____________________________]
Email: [________________________________]
License/Permit/Account No. (if applicable): [________________________________]
Represented by: [________________________________] (Counsel) / Pro Se ☐
Iowa Bar No. of Counsel (if applicable): [____________________]

B. Respondent Agency

Agency Name: [________________________________]
Agency Address: [________________________________]
City, State, Zip: [________________________________]
Director/Administrator: [________________________________]

C. Other Parties of Record

Name: [________________________________]
Role: [________________________________]
Address: [________________________________]

IV. DESCRIPTION OF THE DECISION CHALLENGED

A. The Final Decision

1. Title/Description: [________________________________]
2. Date Issued: [__/__/____]
3. Issuing Officer: [________________________________]
4. Decision/Order Number: [________________________________]
5. Subject Matter: [________________________________]

B. Summary of the Decision

The Final Decision found/concluded: [________________________________]

The Final Decision ordered/directed: [________________________________]

A copy of the Final Decision is attached as Exhibit A.

V. PROCEDURAL HISTORY

1. On [__/__/____], [describe the initiating action, e.g., "the Agency issued a Notice of Intended Action proposing to [action]"].

2. On [__/__/____], Petitioner [describe Petitioner's response, e.g., "filed a timely request for contested case hearing"].

3. The Iowa Department of Inspections, Appeals, and Licensing (DIAL) / [other administrative hearing body] assigned Administrative Law Judge (ALJ) [________________________________] to preside over the contested case.

4. A hearing was held on [__/__/____] at [________________________________].

5. The following witnesses testified:
   - [________________________________], called by [________________________________]
   - [________________________________], called by [________________________________]

6. The following exhibits were admitted:
   - [________________________________]
   - [________________________________]

7. The contested case record was closed on [__/__/____].

8. The Proposed Decision was issued by ALJ [________________________________] on [__/__/____].

9. Petitioner/Respondent filed exceptions on [__/__/____] [if applicable].

10. The Agency issued its Final Decision on [__/__/____].

VI. SPECIFIC GROUNDS FOR REHEARING

Iowa Code § 17A.16(2) requires an application to "state the specific grounds upon which relief is requested." Petitioner asserts the following grounds:

☐ Ground 1: Error of Law
The Decision contains errors of law in its interpretation or application of [cite statute/rule: ________________________________].

Specifically: [________________________________]

☐ Ground 2: Findings of Fact Not Supported by Substantial Evidence
One or more material findings of fact are not supported by substantial evidence in the record as a whole, as required by Iowa Code § 17A.19(10)(f).

Specifically, the following finding(s) lack substantial evidentiary support:

• Finding: [________________________________]
  Supporting basis for challenge: [________________________________]

• Finding: [________________________________]
  Supporting basis for challenge: [________________________________]

☐ Ground 3: Newly Discovered Evidence
Petitioner has discovered material evidence that was not available at the time of the hearing, which could not have been discovered through reasonable diligence before the hearing.

Description of new evidence: [________________________________]
Why it was not available at hearing: [________________________________]
How it would affect the outcome: [________________________________]

☐ Ground 4: Agency Exceeded Its Authority
The Agency's action exceeds its statutory authority or conflicts with applicable Iowa law.

Specifically: [________________________________]

☐ Ground 5: Decision is Unreasonable, Arbitrary, or Capricious
The Decision is unreasonable, arbitrary, capricious, or otherwise represents an abuse of discretion, in violation of Iowa Code § 17A.19(10)(n).

Specifically: [________________________________]

☐ Ground 6: Constitutional Violation
The Decision violates Petitioner's constitutional rights:
☐ Due process (U.S. Const. amend. XIV; Iowa Const. art. I, § 9)
☐ Equal protection
☐ Other: [________________________________]

☐ Ground 7: Procedural Error
A material procedural error occurred that deprived Petitioner of a fair hearing:
☐ Improper denial of continuance or additional time
☐ Evidence improperly admitted or excluded
☐ Insufficient notice of hearing
☐ Other: [________________________________]

☐ Ground 8: Inconsistency with Prior Agency Decisions
The Decision is inconsistent with prior agency decisions without adequate explanation, in violation of Iowa Code § 17A.19(10)(h).

VII. STATEMENT OF FACTS

A. Background

[Provide a numbered, chronological statement of the relevant facts:]

1. Petitioner [________________________________] is [describe: individual/entity/licensee/applicant/benefit recipient] who [describe relevant background].

2. [Continue with relevant factual history, e.g.:]
   On [__/__/____], [describe event].

3. On [__/__/____], [describe next event].

4. [Continue as needed.]

B. Facts in Dispute

The following facts, as found in the Final Decision, are incorrect or unsupported by the record:

VIII. LEGAL ARGUMENT

A. Standard for Rehearing Under Iowa Code § 17A.16

The Agency has authority to grant rehearing and modify or reverse its final decision upon finding that the decision contains errors of law, that findings of fact lack substantial evidentiary support, that the Agency acted beyond its authority, or that other good cause exists for reconsideration. The Iowa APA provides broad grounds for agency correction of erroneous decisions before parties are required to seek judicial review.

B. Iowa Judicial Review Standards

Under Iowa Code § 17A.19(10), a court reviewing an agency decision shall grant relief if the agency action is:

• In violation of a constitutional provision (§ 17A.19(10)(a));
• In excess of the statutory authority of the agency (§ 17A.19(10)(b));
• Made upon unlawful procedure (§ 17A.19(10)(c));
• Affected by other error of law (§ 17A.19(10)(d));
• Not supported by substantial evidence in the record as a whole (§ 17A.19(10)(f));
• Unreasonable, arbitrary, capricious, or characterized by abuse of discretion (§ 17A.19(10)(n)).

The same standards support reconsideration at the agency level.

C. Argument on Ground 1: [Error of Law]

[Provide detailed argument. Cite Iowa Code, Iowa Administrative Code, Iowa case law:]

The Final Decision erred as a matter of law by [________________________________]. Iowa Code § [____] expressly provides that [________________________________]. The Agency's interpretation is incorrect because [________________________________].

In [Case Name], [____] N.W.2d [____] (Iowa [year]), the Iowa Supreme Court/Court of Appeals held that [________________________________]. Under this authority, the Agency's ruling cannot stand because [________________________________].

D. Argument on Ground 2: [Insufficient Evidence]

[Continue for each ground asserted, citing specific record evidence, transcript references, and exhibits.]

The following specific findings lack substantial evidentiary support:

Finding [____]: The Agency found that [________________________________]. The only evidence in the record on this point was [________________________________] (Exhibit [____] / Tr. p. [____]). This evidence does not constitute "substantial evidence" because [________________________________].

IX. RELIEF REQUESTED

Petitioner respectfully requests that the Agency:

☐ 1. Grant this Application for Rehearing.

☐ 2. Vacate the Final Decision in its entirety and enter a decision in Petitioner's favor.

☐ 3. Modify the Final Decision as follows: [________________________________]

☐ 4. Remand the matter for further hearing limited to the following issues: [________________________________]

☐ 5. Stay enforcement of the Final Decision pending resolution of this Application and any subsequent judicial review proceedings.

☐ 6. Reinstate Petitioner's [license/permit/benefits]: [________________________________]

☐ 7. Reduce the imposed [penalty/fine] from $[____________] to $[____________].

☐ 8. Grant such other and further relief as the Agency deems just and proper.

X. LIST OF EXHIBITS

XI. IOWA-SPECIFIC AGENCY NOTES

This Application template may be used in proceedings before various Iowa state agencies, including:

• Iowa Department of Inspections, Appeals, and Licensing (DIAL) — administrative hearings for multiple agencies
• Iowa Department of Transportation — driver's license and vehicle matters
• Iowa Department of Human Services — Medicaid, public assistance, child welfare
• Iowa Workforce Development — unemployment insurance
• Iowa Utilities Board — utility service and rate matters
• Iowa Department of Natural Resources — environmental permits
• Iowa Professional Licensing and Regulation Bureau — professional licenses
• Iowa Department of Revenue — tax assessments

Agency-Specific Rules: Each agency may have specific rules governing applications for rehearing filed under Iowa Code § 17A.16. Check the Iowa Administrative Code for the relevant agency's chapter (e.g., Iowa Admin. Code R. 61-1.30 for Department of Inspections, Appeals, and Licensing).

DIAL Administrative Hearings: The Iowa Department of Inspections, Appeals, and Licensing (DIAL) serves as a consolidated administrative hearing body for many state agencies. File appeals and applications for rehearing with DIAL unless the agency has its own separate hearing process.

XII. VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the State of Iowa that I have read the foregoing Application for Rehearing, and that the facts stated herein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [________________________________], Iowa.

[________________________________]
Signature

[________________________________]
Printed Name

[________________________________]
Title (if filing on behalf of entity)

XIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Application for Rehearing and all exhibits upon all parties of record by the method indicated:

Agency Respondent:
Name: [________________________________]
Address: [________________________________]
Method:
☐ Personal delivery
☐ First-class mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Electronic service (if permitted): [________________________________]

Other Parties:
Name: [________________________________]
Address: [________________________________]
Method: [________________________________]

[________________________________]
Signature

Date: [__/__/____]

XIV. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[Attorney Name / Pro Se Petitioner Name]
[Law Firm, if applicable]
[________________________________]
[Address]
[________________________________]
[City, Iowa, Zip]
Telephone: [____________________________]
Email: [________________________________]
Iowa Bar No.: [____________________] (if attorney)

Date: [__/__/____]

XV. NEXT STEPS IF APPLICATION FOR REHEARING IS DENIED

Deemed Denial: Under Iowa Code § 17A.16(2), the application for rehearing is deemed denied if the Agency does not grant it within twenty (20) days after its filing. Monitor the deadline carefully.

If the Application is denied or deemed denied:

1. Judicial Review — Iowa District Court: Under Iowa Code § 17A.19, a petition for judicial review must be filed in Iowa District Court within thirty (30) days after:
   - The application for rehearing is denied or deemed denied; or
   - The agency issues its final decision on rehearing (if granted).

2. Standing Order on Judicial Review: Iowa Code § 17A.19(5) requires the petition to be filed with the clerk of the district court for the county where the party resides or has its principal place of business, or in Polk County.

3. Stay of Agency Action: Under Iowa Code § 17A.19(9), you may request a stay of agency action from either the agency or the district court while judicial review is pending.

4. Further Appeals: If the district court affirms the agency, appeals proceed to the Iowa Court of Appeals (and potentially the Iowa Supreme Court).

Important: The thirty-day judicial review deadline is strictly enforced. Consult a qualified Iowa attorney immediately upon denial of this Application.

SOURCES AND REFERENCES

• Iowa Code Chapter 17A (Iowa Administrative Procedure Act): https://www.legis.iowa.gov/docs/ico/chapter/17A.pdf
• Iowa Code § 17A.19 (Judicial Review): https://www.legis.iowa.gov/docs/code/17a.19.pdf
• Iowa Department of Inspections, Appeals, and Licensing (DIAL): https://dial.iowa.gov/hearings/admin-hearings
• Iowa Administrative Code: https://www.legis.iowa.gov/law/adminCode/rules