Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 11 - Procedure for Contested Cases Involving Permits to Carry Weapons and Acquire Firearms › Rule 481-11.11 - Attorney Fees, Court Costs, and Contested Case Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Attorney fees.
In a decision rescinding or sustaining the
			 agency's denial, suspension, or revocation of the permit or otherwise granting
			 a request to withdraw or dismiss the appeal, the administrative law judge shall
			 determine whether a party is entitled to an award of attorney fees consistent
			 with paragraph 11.11(1)
"a"
or
"b."
If a party
			 is entitled to an award, the decision shall inform the parties of the
			 applicable procedure provided in paragraph 11.11(1)
"c"
for
			 determining the amount of such an award unless the administrative law judge
			 determines the amount of an award in the decision as provided for in paragraph
			 11.11(1)
"f."
a. If the
			 administrative law judge rescinds the agency's denial, suspension, or
			 revocation of the permit and determines the applicant or permittee is eligible
			 to be issued or to possess the permit, the applicant or permittee shall be
			 awarded any reasonable attorney fees. A dismissal of the appeal at the request
			 of the agency under subrule 11.9(2) is not a determination that the applicant
			 or permittee is eligible to be issued or to possess the permit and does not
			 entitle the applicant or permittee to an award of attorney fees. An applicant
			 or permittee who is not represented by an attorney in the contested case
			 proceeding is not entitled to an award of attorney fees.
b. If the administrative law judge affirms
			 the agency's denial, suspension, or revocation of the permit or grants the
			 applicant's or permittee's request to withdraw or dismiss the appeal, the
			 agency shall be awarded any reasonable attorney fees. Such an award to the
			 agency shall be made to the political subdivision of the state representing the
			 sheriff or to the state department representing the commissioner as applicable.
			 An agency is not entitled to an award of attorney fees if the agency requests
			 dismissal of the appeal under subrule 11.9(2) or if the agency is not
			 represented by an attorney in the contested case proceeding.
c. Within 14 days of the date of a decision
			 in which the administrative law judge determines that a party is entitled to an
			 award of attorney fees, the party shall file a request for attorney fees and
			 documentation supporting the request or a joint statement with the other party
			 agreeing to the amount of reasonable attorney fees. Within 7 days of the filing
			 of a request for attorney fees, the other party may file a resistance,
			 including any relevant evidence, or a statement agreeing to the requested
			 attorney fees. Upon request of either party or on the administrative law
			 judge's own motion, a hearing may be scheduled on the issue of the attorney fee
			 award.
d. If the party fails to
			 file a request for attorney fees or a joint statement within 14 days, the
			 administrative law judge shall issue an order determining that no attorney fees
			 are awarded in the case. If the parties agree to the amount of reasonable
			 attorney fees to be awarded, the administrative law judge shall issue an order
			 awarding attorney fees consistent with the agreement. In all other cases, the
			 administrative law judge shall issue a written order determining the reasonable
			 attorney fees in the case.
e. The
			 administrative law judge's decision is not final for purposes of rehearing
			 under rule 481-11.14 (17A) or judicial
			 review under Iowa Code chapter 17A until the administrative law judge has
			 issued a written decision determining the amount of any attorney fees to be
			 awarded under this subrule or determining that no attorney fees are to be
			 awarded.
f. If an application for
			 rehearing under rule 481-11.14 (17A) is denied, no
			 additional attorney fees shall be awarded to either party. If an application
			 for rehearing is granted, all the provisions of this subrule apply to the
			 rehearing proceedings unless the only relief sought on rehearing relates to the
			 attorney fee award. If the only relief sought relates to the attorney fee
			 award, the order granting the application for rehearing shall provide that a
			 party opposing the requested relief may file a resistance, including any
			 relevant evidence, within 7 days of the date of the order and shall schedule a
			 hearing or provide that a hearing may be scheduled upon the request of either
			 party. In such a case, the administrative law judge shall issue a single final
			 decision regarding the attorney fee award.
g. Any attorney fees awarded under this
			 subrule shall be paid to the awarded party within 30 days of the issuance of an
			 order determining the amount of attorney fees awarded unless an interested
			 party seeks rehearing under rule
			 481-11.14 (17A) or judicial
			 review under Iowa Code chapter 17A or the parties agree to an alternative
			 payment schedule. If a party seeks rehearing under rule
			 481-11.14 (17A), the attorney
			 fees shall be paid within 30 days of the denial of the application for
			 rehearing or of any final decision awarding attorney fees after the grant of an
			 application for rehearing. If a party seeks judicial review under Iowa Code
			 chapter 17A, the attorney fee award shall be stayed pending resolution of the
			 judicial review action. A party awarded attorney fees is responsible for taking
			 any necessary action to enforce the award if payment is not made.