Stay of Enforcement Request - Iowa

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STAY OF ENFORCEMENT REQUEST — IOWA

TABLE OF CONTENTS

  1. Stay Request Cover Letter
  2. Formal Petition/Motion for Stay of Enforcement
  3. Statement of Facts
  4. Legal Standard for Stay
  5. Grounds Analysis — Four-Factor Balancing Test
  6. Bond and Security Provisions
  7. Emergency Stay Procedures
  8. Opposition Response Template
  9. Proposed Order Granting Stay
  10. Appeal of Stay Denial
  11. Document Checklist
  12. Practice Tips
  13. Sources and References

1. STAY REQUEST COVER LETTER

[__/__/____]

[________________________________]
[Title / Position]
[Agency Name / District Court]
[________________________________]
[________________________________]
[City, State, ZIP]

Via: ☐ Hand Delivery ☐ Certified Mail ☐ Electronic Filing ☐ Facsimile

Re: Application for Stay of Enforcement Pending Judicial Review
Case No.: [________________________________]
Agency Docket No.: [________________________________]
Agency Order/Decision Dated: [__/__/____]
Petitioner: [________________________________]

Dear [________________________________]:

Enclosed please find Petitioner's [☐ Application to the Agency for Stay of Enforcement / ☐ Interlocutory Motion to the District Court for Stay of Enforcement] regarding the above-referenced agency action dated [__/__/____], filed pursuant to Iowa Code § 17A.19(5).

☐ This application is directed to the agency, which has authority to grant a stay on appropriate terms during the pendency of judicial review.
☐ This motion is directed to the reviewing court following the agency's [denial of the stay / failure to act on the stay application / inadequacy of agency remedies].

Petitioner respectfully requests expedited consideration.

Respectfully submitted,

[________________________________]
Attorney for Petitioner
Iowa Bar No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]


2. FORMAL PETITION/MOTION FOR STAY OF ENFORCEMENT

IN THE IOWA DISTRICT COURT

FOR [________________________________] COUNTY

— OR —

BEFORE THE [________________________________]

STATE OF IOWA

[________________________________],
Petitioner, Case No.: [________________________________]
v.
[________________________________], [APPLICATION TO AGENCY /
Respondent Agency. MOTION TO COURT] FOR STAY
OF ENFORCEMENT

[APPLICATION / MOTION] FOR STAY OF ENFORCEMENT

Petitioner [________________________________] ("Petitioner"), by and through [undersigned counsel / pro se], respectfully [☐ applies to the Agency / ☐ moves this Court] for a stay of enforcement of the [Decision / Order / Final Action] of [Agency Name] dated [__/__/____] ("Agency Action"), and for other temporary remedies, pursuant to Iowa Code § 17A.19(5), pending judicial review.

I. FORUM FOR THIS APPLICATION

Agency Application: This application is directed to the agency under Iowa Code § 17A.19(5)(a), which provides that the agency may grant a stay on appropriate terms or other temporary remedies during the pendency of judicial review.

Court Motion (After Agency Denial): This interlocutory motion is directed to the reviewing court under Iowa Code § 17A.19(5)(b), because the agency has [☐ refused to grant the application for stay filed on [__/__/____] / ☐ granted a stay on terms that are inadequate].

Court Motion (Agency Application Inadequate): This interlocutory motion is directed to the reviewing court under Iowa Code § 17A.19(5)(c), because application to the agency for a stay is an inadequate remedy due to [________________________________].

II. JURISDICTIONAL STATEMENT

  1. This [Agency / Court] has jurisdiction under Iowa Code § 17A.19(5).

  2. Petitioner filed a petition for judicial review on [__/__/____] in the Iowa District Court for [________________________________] County.

  3. Under Iowa Code § 17A.19(5), the filing of the petition for judicial review does not itself stay execution or enforcement of the agency action.

  4. ☐ The agency may grant a stay on appropriate terms — Iowa Code § 17A.19(5)(a).
    ☐ A party may file an interlocutory motion in the reviewing court seeking review of the agency's action on the stay application — Iowa Code § 17A.19(5)(b).
    ☐ If the agency refuses to grant a stay, or if application to the agency is an inadequate remedy, the court may grant relief — Iowa Code § 17A.19(5)(c).


3. STATEMENT OF FACTS

A. Background

  1. Petitioner is [________________________________] [describe party — individual, business entity, licensee, permit holder, etc.].

  2. Petitioner [holds / held] [license / permit / certification / registration] No. [________________________________] issued by [________________________________].

  3. [________________________________]
    [Describe the nature of Petitioner's activities subject to agency regulation.]

B. The Administrative Proceeding

  1. On [__/__/____], the [Agency Name] initiated [________________________________] [describe the enforcement action, investigation, or contested case proceeding].

  2. A contested case hearing was held on [__/__/____] before [________________________________] [administrative law judge / agency / hearing panel].

  3. [________________________________]
    [Describe key procedural steps, evidence presented, and hearing dates.]

C. The Agency Decision

  1. On [__/__/____], the [Agency Name] issued its [Proposed Decision / Final Decision / Final Order] which:

☐ Revoked Petitioner's [license / permit / certification]
☐ Suspended Petitioner's [license / permit / certification] for [________________________________]
☐ Imposed a civil penalty of $[________________________________]
☐ Issued a cease-and-desist order requiring [________________________________]
☐ Denied Petitioner's application for [________________________________]
☐ Imposed conditions or probation: [________________________________]
☐ Other: [________________________________]

  1. The Agency Decision is effective on [__/__/____].

D. Prior Stay Application to Agency (If Applicable)

  1. ☐ Petitioner filed an application for stay with the agency on [__/__/____].
    ☐ The agency [☐ denied the application on [__/__/____] / ☐ has not acted within [____] days / ☐ granted a stay on inadequate terms].
    ☐ No application to the agency was filed because agency relief is inadequate due to: [________________________________].

E. Current Status and Urgency

  1. Without a stay, the Agency Decision will [________________________________] on [__/__/____].

  2. [________________________________]
    [Describe urgency and ongoing harm.]


4. LEGAL STANDARD FOR STAY

A. Statutory Framework — Iowa Code § 17A.19(5)

Iowa's Administrative Procedure Act provides a detailed, multi-level framework for stays:

Subsection (a) — Agency Stay:

"The filing of the petition for review does not itself stay execution or enforcement of any agency action. Unless precluded by law, the agency may grant a stay on appropriate terms or other temporary remedies during the pendency of judicial review."

Subsection (b) — Court Review of Agency Stay Decision:

"A party may file an interlocutory motion in the reviewing court, during the pendency of judicial review, seeking review of the agency's action on an application for stay or other temporary remedies."

Subsection (c) — Court-Granted Relief:

"If the agency refuses to grant an application for stay or other temporary remedies, or if application to the agency for a stay or other temporary remedies is an inadequate remedy, the court may grant relief but only after a consideration and balancing of all of the following factors..."

B. Three-Tier System

Iowa establishes a three-tier system for obtaining stays:

Tier Forum Standard Procedure
Tier 1 Agency "Appropriate terms" Application directly to the agency
Tier 2 Court Review of agency action Interlocutory motion after agency acts on stay
Tier 3 Court Four-factor balancing Court-granted relief after agency denial or inadequacy

C. Four-Factor Balancing Test (Court-Granted Relief)

Under Iowa Code § 17A.19(5)(c), the court may grant relief only after balancing all of the following factors:

  1. The extent to which the applicant is likely to prevail when the court finally disposes of the matter
  2. The extent to which the applicant will suffer irreparable injury if relief is not granted
  3. The extent to which the grant of relief will substantially harm other parties to the proceedings
  4. The extent to which the public interest relied on by the agency is sufficient to justify the agency's action in the circumstances

D. Key Characteristics of the Iowa Standard

  • Balancing Test: The four factors are balanced against each other — no single factor is dispositive
  • "Extent to Which" Language: The statute uses "the extent to which" rather than requiring a threshold showing, suggesting a sliding-scale approach
  • Agency Action First: The statute contemplates agency action first (Tier 1), with court intervention as a secondary remedy (Tiers 2 and 3)
  • "Unless Precluded by Law": Some agencies may be statutorily precluded from granting stays
  • "Other Temporary Remedies": The statute authorizes not just stays but other temporary remedies

E. Burden of Proof

The applicant bears the burden of demonstrating that the balance of the four factors weighs in favor of granting the stay.


5. GROUNDS ANALYSIS — FOUR-FACTOR BALANCING TEST

Factor 1: Likelihood of Prevailing on the Merits

  1. Petitioner is likely to prevail when the court finally disposes of the matter because:

☐ The agency action is not supported by substantial evidence in the record when that record is viewed as a whole — Iowa Code § 17A.19(10)(f)
☐ The action is beyond the agency's authority — Iowa Code § 17A.19(10)(a)
☐ The action is based upon an erroneous interpretation of a provision of law — Iowa Code § 17A.19(10)(c)
☐ The action was made upon unlawful procedure — Iowa Code § 17A.19(10)(b)
☐ The action is the product of reasoning so illogical as to render it wholly irrational — Iowa Code § 17A.19(10)(i)
☐ The action is otherwise unreasonable, arbitrary, capricious, or an abuse of discretion — Iowa Code § 17A.19(10)(n)
☐ The action violates a constitutional or statutory provision — Iowa Code § 17A.19(10)(a)
☐ The action is inconsistent with a prior agency decision or practice — Iowa Code § 17A.19(10)(h)
☐ The action is based upon a determination of fact clearly vested by a provision of law in the discretion of the agency that is not supported by substantial evidence — Iowa Code § 17A.19(10)(m)

  1. Specifically, the errors in the Agency Decision include:

a. [________________________________]
b. [________________________________]
c. [________________________________]

  1. The strength of Petitioner's appeal is demonstrated by:

[________________________________]
[________________________________]
[________________________________]

Factor 2: Irreparable Injury to the Applicant

  1. Petitioner will suffer irreparable injury if relief is not granted because:

☐ Loss of [license / permit / certification] will terminate Petitioner's [business / practice / livelihood]
☐ Financial losses estimated at $[________________________________] that cannot be recovered from the State under sovereign immunity
☐ Loss of [____] employees who depend on Petitioner's continued operations
☐ Permanent reputational damage in [________________________________]
☐ Loss of established business relationships, professional goodwill, and competitive position
☐ Constitutional rights will be violated during the pendency of review
☐ Loss of unique business opportunity that cannot be recaptured: [________________________________]
☐ Physical harm or health consequences: [________________________________]
☐ Other: [________________________________]

  1. The injury is irreparable because:

[________________________________]
[________________________________]
[________________________________]

  1. Supporting evidence:

☐ Affidavit of Petitioner (Exhibit [____])
☐ Financial statements / tax returns (Exhibit [____])
☐ Employee records (Exhibit [____])
☐ Customer/client declarations (Exhibit [____])
☐ Expert opinion on economic impact (Exhibit [____])
☐ Other: [________________________________] (Exhibit [____])

Factor 3: Harm to Other Parties

  1. Granting the stay will not substantially harm other parties to the proceedings because:

☐ The agency's interests are adequately protected by proposed conditions (see Section 6)
☐ No private parties will be adversely affected
☐ Third parties [________________________________] can be protected through: [________________________________]
☐ The harm to Petitioner without a stay far exceeds any harm to other parties with a stay
☐ Other parties have not opposed the stay / have consented to the stay

  1. Analysis of harm to specific parties:

a. Agency: [________________________________]
b. Complainant (if any): [________________________________]
c. Third parties: [________________________________]
d. Other regulated entities: [________________________________]

  1. Proposed measures to minimize harm to others:

[________________________________]
[________________________________]

Factor 4: Public Interest Relied on by the Agency

  1. The public interest relied on by the agency is not sufficient to justify the agency's action in these circumstances because:

☐ The agency's stated public interest is [________________________________], but this interest is [speculative / attenuated / insufficient in these specific circumstances]
☐ The public interest can be adequately served through conditional relief
☐ The public interest actually favors a stay because: [________________________________]
☐ No immediate public safety concern requires enforcement during the appeal
☐ The public benefits from Petitioner's continued operations
☐ The agency has not articulated a specific public interest justifying immediate enforcement

  1. Even acknowledging the agency's stated public interest, the balance of all four factors weighs in Petitioner's favor because:

[________________________________]
[________________________________]


6. BOND AND SECURITY PROVISIONS

A. Court's Discretion

Iowa Code § 17A.19(5) does not expressly mandate a bond, but the court has discretion to impose terms and conditions on any stay or temporary remedy.

B. Agency-Specific Bond Requirements

Some Iowa agencies have specific rules regarding bond requirements for stays:

☐ Agency regulation [________________________________] requires a bond of [________________________________]
☐ No agency-specific bond requirement applies

C. Petitioner's Position on Bond

☐ Petitioner is willing to post a bond in the amount of $[________________________________]
☐ Petitioner proposes alternative security: [________________________________]
☐ Petitioner requests that no bond be required because: [________________________________]
☐ Petitioner requests a reduced bond amount because: [________________________________]
☐ Petitioner requests waiver of bond due to financial hardship (with supporting documentation)

D. Proposed Bond Terms

Element Proposed Terms
Bond Amount $[________________________________]
Form of Security ☐ Surety Bond ☐ Cash Deposit ☐ Letter of Credit ☐ Other
Surety Company [________________________________]
Duration Until final resolution of judicial review
Conditions [________________________________]

E. Proposed Conditions of Stay

☐ Petitioner will maintain all applicable [insurance / licensure / certification / bonding] requirements
☐ Petitioner will comply with all statutes, rules, and regulations except the specific terms stayed
☐ Petitioner will submit periodic reports to the agency every [____] days
☐ Petitioner will permit agency inspection or monitoring on [____] days notice
☐ Petitioner will refrain from [________________________________]
☐ Petitioner will operate under supervision of [________________________________]
☐ Petitioner will segregate / escrow disputed amounts: $[________________________________]
☐ Petitioner will [________________________________]
☐ Other conditions: [________________________________]


7. EMERGENCY STAY PROCEDURES

A. Application for Emergency Stay

When the agency action takes effect immediately or before the full stay motion can be heard:

Emergency Stay Request

☐ Petitioner seeks an emergency temporary stay pending resolution of the full application
☐ The Agency Action takes effect on [__/__/____]
☐ Without emergency relief, Petitioner will suffer: [________________________________]

B. Emergency Stay from the Agency

Under Iowa Code § 17A.19(5)(a):

☐ Petitioner requests an emergency stay from the agency
☐ Petitioner has contacted the agency to request emergency treatment on [__/__/____]
☐ Agency contact: [________________________________]
☐ The agency has [☐ denied emergency relief / ☐ not responded / ☐ is unable to act in time]

C. Emergency Relief from the Court

Under Iowa Code § 17A.19(5)(c), if agency application is inadequate:

☐ Petitioner seeks emergency relief from the Iowa District Court
☐ Application to the agency is inadequate because: [________________________________]
☐ The court has authority to grant immediate relief under the statute

D. Grounds for Emergency Relief

  1. Emergency relief is warranted because:

☐ The enforcement date is [☐ immediate / ☐ imminent: [__/__/____]]
☐ The harm from enforcement is immediate and irreversible
☐ Normal briefing and hearing schedules would render the stay request moot
☐ The agency cannot or will not act with sufficient speed
☐ [________________________________]

E. Proposed Emergency Procedure

Petitioner requests:

☐ An immediate temporary stay pending hearing on the full motion
☐ Expedited briefing: Response due within [____] days
☐ Telephonic or emergency hearing on [__/__/____]
☐ Consideration on the papers without oral argument
☐ Shortened notice period

F. Notice to Opposing Party

☐ The agency has been notified on [__/__/____] at [____] [a.m./p.m.]
☐ Contact person: [________________________________]
☐ Method: ☐ Telephone ☐ Email ☐ Fax ☐ Hand Delivery


8. OPPOSITION RESPONSE TEMPLATE

AGENCY'S RESISTANCE TO [APPLICATION / MOTION] FOR STAY

The [Agency Name] respectfully resists Petitioner's [Application / Motion] for Stay and states:

I. Petitioner Is Not Likely to Prevail

  1. The Agency Decision is:
    ☐ Supported by substantial evidence in the record viewed as a whole
    ☐ Within the agency's statutory authority
    ☐ Based on a correct interpretation of applicable law
    ☐ The product of lawful procedure
    ☐ Reasonable and not arbitrary or capricious

  2. Petitioner's arguments are insufficient because:
    ☐ [________________________________]
    ☐ [________________________________]

II. No Irreparable Injury to Petitioner

  1. The alleged injury is not irreparable because:
    ☐ Financial losses are compensable
    ☐ The harm is speculative and not imminent
    ☐ Petitioner caused or contributed to the circumstances
    ☐ Petitioner delayed in seeking relief
    ☐ [________________________________]

III. Substantial Harm to Other Parties

  1. Granting the stay would substantially harm:
    ☐ The agency's enforcement program: [________________________________]
    ☐ Complainants or injured parties: [________________________________]
    ☐ Third parties: [________________________________]
    ☐ Other regulated entities: [________________________________]

IV. The Public Interest Supports the Agency's Action

  1. The public interest relied on by the agency is sufficient to justify its action because:
    ☐ Public health and safety: [________________________________]
    ☐ Consumer protection: [________________________________]
    ☐ Environmental protection: [________________________________]
    ☐ Regulatory compliance and deterrence: [________________________________]
    ☐ Protection of the integrity of the licensing system: [________________________________]

V. Conditions if Stay Granted

  1. If the [Agency / Court] grants the stay, the Agency requests:
    ☐ Bond: $[________________________________]
    ☐ Conditions: [________________________________]
    ☐ Time limitation: [________________________________]
    ☐ Enhanced monitoring: [________________________________]

9. PROPOSED ORDER GRANTING STAY

IN THE IOWA DISTRICT COURT

FOR [________________________________] COUNTY

[________________________________], Petitioner Case No.: [________________________________]
v.
[________________________________], Respondent Agency

ORDER ON [APPLICATION / MOTION] FOR STAY OF ENFORCEMENT

(Pursuant to Iowa Code § 17A.19(5))

This matter having come before the [Agency / Court] on Petitioner's [Application / Motion] for Stay of Enforcement, and having considered the [application / motion], [resistance / response], evidence, arguments, and applicable law:

THE [AGENCY / COURT] FINDS upon consideration and balancing of the factors under Iowa Code § 17A.19(5)(c) that:

☐ (1) The applicant is likely to prevail when the court finally disposes of the matter because [________________________________];
☐ (2) The applicant will suffer irreparable injury if relief is not granted because [________________________________];
☐ (3) The grant of relief will not substantially harm other parties because [________________________________];
☐ (4) The public interest relied on by the agency is not sufficient to justify the agency's action in the circumstances because [________________________________].

IT IS HEREBY ORDERED that:

☐ Petitioner's [Application / Motion] for Stay is GRANTED on the following terms:

  1. Execution and enforcement of the [Decision / Order] dated [__/__/____] is stayed pending [final judicial disposition / further order / the following date: __/__/____].

  2. ☐ Petitioner shall post a bond or security in the amount of $[________________________________] within [____] days.
    ☐ No bond or security is required.

  3. The following conditions shall apply during the stay:
    a. [________________________________]
    b. [________________________________]
    c. [________________________________]

  4. ☐ The agency may move to dissolve the stay upon a showing of changed circumstances.

  5. ☐ The stay extends to [☐ all provisions of the Agency Decision / ☐ the following provisions only: ________________________________].

☐ Petitioner's [Application / Motion] for Stay is DENIED because:
☐ The balance of factors does not favor a stay
☐ Petitioner is not likely to prevail
☐ No irreparable injury has been shown
☐ Other parties would be substantially harmed
☐ The public interest justifies the agency's action
☐ Other: [________________________________]

☐ Petitioner's [Application / Motion] is GRANTED IN PART as follows:
[________________________________]

SO ORDERED this [____] day of [________________], [________].

_________________________________
[Agency Head / Administrative Law Judge / District Court Judge]


10. APPEAL OF STAY DENIAL

A. Agency Denial of Stay — Court Review

If the agency denies the stay application:

☐ File an interlocutory motion with the reviewing court under Iowa Code § 17A.19(5)(b) seeking review of the agency's stay denial
☐ Alternatively, file a motion for court-granted relief under Iowa Code § 17A.19(5)(c)
☐ Include a copy of the agency's denial order
☐ Brief the four-factor test for court-granted relief
☐ The court reviews the agency's denial under the standards of Iowa Code § 17A.19(5)(b)-(c)

B. District Court Denial of Stay — Further Review

If the District Court denies the stay:

☐ File an application for interlocutory appeal to the Iowa Supreme Court under Iowa R. App. P. 6.104
☐ File a motion for reconsideration with the District Court
☐ Consider whether new facts or changed circumstances warrant a renewed motion
☐ Explore alternative remedies (negotiated compliance schedule, consent order)

C. Interlocutory Appeal Procedure

Under Iowa R. App. P. 6.104:

☐ Application for interlocutory appeal filed within 30 days of the ruling
☐ Must demonstrate the order involves a substantial legal issue on which there is substantial ground for difference of opinion
☐ Must show an immediate appeal would materially advance ultimate termination of the litigation
☐ Request expedited treatment

D. Review of Agency Stay Decisions

Under Iowa Code § 17A.19(5)(b), the court reviews agency stay decisions and may:

☐ Affirm the agency's denial
☐ Reverse the denial and order the agency to grant a stay
☐ Modify the terms of an agency-granted stay
☐ Grant court-ordered relief under § 17A.19(5)(c)

E. Timeline for Stay Proceedings

Action Deadline
Agency Decision issued [__/__/____]
Agency Decision effective date [__/__/____]
Petition for judicial review filed (within 30 days) [__/__/____]
Application for stay filed with agency [__/__/____]
Agency ruling on stay [__/__/____]
Interlocutory motion to court (if agency denies) [__/__/____]
Court hearing on stay motion [__/__/____]
Court ruling on stay [__/__/____]
Application for interlocutory appeal (if court denies) [__/__/____]
Bond posting deadline (if stay granted) [__/__/____]

11. DOCUMENT CHECKLIST

Filing Preparation

☐ Stay request cover letter completed and signed
☐ Formal application/motion for stay completed with Iowa Code § 17A.19(5) citation
☐ Statement of facts verified for accuracy
☐ Correct forum identified (agency vs. court) with supporting explanation
☐ Four-factor balancing test fully addressed
☐ Supporting affidavits or declarations prepared
☐ Exhibits compiled, indexed, and tabbed
☐ Proposed order prepared

For Agency Application (Tier 1)

☐ Application addressed to the agency head or designee
☐ Filed with the agency's contested case unit or legal department
☐ Served on all parties to the contested case
☐ Includes proposed terms and conditions
☐ Addresses the "appropriate terms" standard

For Court Motion (Tiers 2 and 3)

☐ Petition for judicial review filed within 30 days — Iowa Code § 17A.19(2)
☐ Filed in the correct District Court (county where petitioner resides or principal place of business, or Polk County)
☐ Service on agency and all parties
☐ Filing fee paid or waiver obtained
☐ If Tier 2: Copy of agency stay decision attached
☐ If Tier 3: Explanation of why agency application is inadequate, or copy of agency denial
☐ Four-factor analysis briefed with supporting evidence
☐ Hearing date requested

Required Attachments

☐ Copy of the agency Final Decision/Order
☐ Copy of the petition for judicial review (filed)
☐ Copy of agency stay application and ruling (if applicable)
☐ Affidavit of Petitioner detailing irreparable injury
☐ Evidence supporting each of the four factors
☐ Financial documentation (if bond waiver requested)
☐ Proposed bond or security documentation
☐ Proposed order granting stay
☐ Certificate of service


12. PRACTICE TIPS

Iowa-Specific Considerations

  1. Three-Tier System: Iowa's unique three-tier system requires strategic thinking about where to file first. Generally, file with the agency first (Tier 1) unless agency application is clearly inadequate. If the agency denies the stay, Tier 2 provides court review of that denial; Tier 3 allows the court to grant independent relief.

  2. Balancing Test, Not Threshold Test: Iowa uses a "consideration and balancing" approach rather than requiring a threshold showing on each factor. The "extent to which" language suggests that strength on one factor may compensate for weakness on another. Frame your argument to show the overall balance favors a stay.

  3. "Other Temporary Remedies": Iowa Code § 17A.19(5) authorizes not just stays but "other temporary remedies." Consider whether partial stays, modified compliance schedules, or other interim relief may better serve Petitioner's interests.

  4. Agency Action First: The statute contemplates agency action on stays as the primary remedy. Courts may look unfavorably on parties who bypass the agency without justification. Unless agency relief is clearly inadequate, file with the agency first.

  5. 30-Day Filing Deadline: Under Iowa Code § 17A.19(2), the petition for judicial review must be filed within 30 days after the agency action is final. Ensure this deadline is met before pursuing stay relief.

  6. Polk County as Alternative Venue: If the petitioner's county of residence is inconvenient, Polk County (Des Moines) is available as an alternative venue for judicial review under Iowa Code § 17A.19(2).

  7. Interlocutory Motion Practice: When filing with the court after agency denial, the filing is styled as an "interlocutory motion" under § 17A.19(5)(b). This reflects the interim nature of the relief sought.

  8. Factor 4 — Agency's Public Interest: The fourth factor focuses specifically on "the public interest relied on by the agency." This requires analyzing what public interest the agency has actually articulated, not the public interest in the abstract. If the agency has not clearly stated a public interest basis, this factor may favor the petitioner.

  9. Iowa Administrative Bulletin: Published agency rules on stay procedures may be found in the Iowa Administrative Code. Check the specific agency's rules for additional stay procedures or requirements beyond the IAPA.

  10. Rehearing as Alternative: Under Iowa Code § 17A.18A, a party may seek rehearing within 20 days of the agency's final decision. This may provide additional time and an opportunity for the agency to reconsider, though it does not toll the 30-day judicial review filing period.


13. SOURCES AND REFERENCES

Iowa Statutes

  • Iowa Code § 17A.1 et seq. — Iowa Administrative Procedure Act
  • Iowa Code § 17A.12 — Contested Case Proceedings
  • Iowa Code § 17A.15 — Presiding Officer in Contested Cases
  • Iowa Code § 17A.16 — Final Decisions in Contested Cases
  • Iowa Code § 17A.18 — Agency Review of Proposed or Final Decisions
  • Iowa Code § 17A.18A — Rehearing
  • Iowa Code § 17A.19 — Judicial Review
  • Iowa Code § 17A.19(5) — Stay of Enforcement; Temporary Remedies
  • Iowa Code § 17A.19(10) — Grounds for Relief

Court Rules

  • Iowa R. App. P. 6.101 — Scope of Judicial Review
  • Iowa R. App. P. 6.104 — Interlocutory Appeals
  • Iowa R. App. P. 6.901 et seq. — Judicial Review of Agency Action

Research Sources


This template is provided for informational purposes only and does not constitute legal advice. Laws and procedures change frequently. Consult a qualified Iowa attorney before filing any administrative stay application. Last updated: 2026-03-08.

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About This Template

Administrative law covers how you interact with government agencies, from filing a comment on a proposed rule to appealing a denied license or benefit. Agency processes have their own forms, deadlines, and evidence standards that are different from what courts use. Getting the paperwork wrong usually means missing a deadline or losing the right to appeal, so precision in these documents matters as much as it does in a courtroom filing.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: March 2026