Iowa Administrative Code › Agency 263 - City Development Board › Chapter 9 - Committee Proceedings on Petitions for Involuntary City Development Action › Rule 263-9.13 - Rehearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any party to a
			 boundary adjustment proceeding may file an application for rehearing of the
			 committee decision to approve or disapprove a proposed boundary
			 adjustment.
(2) The application for
			 rehearing shall be filed within 20 days of the date of the committee decision
			 as specified in the order. If no date is specified in the order, the date of
			 the committee decision is the date it is mailed or the date of delivery if
			 service is by another means.
(3)
			 The party applying for rehearing shall transmit a copy of the application for
			 rehearing to all parties to the proceeding on the date of filing with the
			 committee. If the application does not contain a certificate of service, the
			 board shall file copies of the application on all parties, with the time for
			 response beginning then.
(4)
			 Contents of application.
a. An application
			 for rehearing shall specify the findings of fact and conclusions of law claimed
			 to be erroneous and include a brief statement of the grounds of
			 error.
b. The application shall
			 state whether the applicant desires reconsideration of all or part of the
			 committee decision on the existing record and whether, on the basis of
			 paragraph 9.13(4)
"c,"
the applicant requests an opportunity to
			 provide additional evidence.
c. A
			 party may request the taking of additional evidence only by establishing:
(1) The facts or other evidence arose after
			 the original proceeding;
(2) The
			 party offering such evidence could not reasonably have provided such evidence
			 at the original proceeding; or
(3)
			 The party offering the additional evidence was misled by any party as to the
			 necessity for offering such evidence at the original proceeding.
d. No further hearing will be
			 granted when it is apparent that the added evidence will merely be
			 cumulative.
e. Any party may object
			 to or resist an application for rehearing by filing a resistance with the
			 committee within ten days of the filing of the application.
f. The committee may grant or deny an
			 application with or without a hearing on the application.
(1) The application for rehearing shall be
			 deemed denied unless the committee grants the application within 20 days of its
			 filing.
(2) An order granting or
			 denying an application for rehearing is deemed issued on the date it is mailed
			 by the committee or the date it is received if another method of delivery is
			 used.
(3) If the committee grants
			 an application for rehearing, the committee may schedule oral argument or
			 rehearing on the application if additional evidence will be received. If
			 additional evidence will not be received, the committee may issue a ruling
			 without oral argument or hearing. The committee may, on the request of a party
			 or on its own motion, order or permit the parties to provide written argument
			 on one or more designated issues.
(4) If the committee denies an application,
			 the committee shall proceed as if no application had been filed.