Iowa Code 103A.17 – Board of review — procedure
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The board shall establish procedures pursuant to which an aggrieved person may appeal to the board.
1. The board shall fix a reasonable time and place for a hearing and shall give due notice of a hearing to:
a. The applicant.
b. The state agency or local building department involved.
c. Any other person at the board’s discretion.
Terms Used In Iowa Code 103A.17
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- board: means the state building code board of review created by this chapter. See Iowa Code 103A.3
- building: includes any part of a building unless the context clearly requires a different meaning. See Iowa Code 103A.3
- Commissioner: means the state building code commissioner created by this chapter. See Iowa Code 103A.3
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Construction: means the construction, erection, reconstruction, alteration, conversion, repair, equipping of buildings, structures or facilities, and requirements or standards relating to or affecting materials used in connection therewith, including provisions for safety and sanitary conditions. See Iowa Code 103A.3
- Council: means the state building code advisory council created by this chapter. See Iowa Code 103A.3
- Department: means the department of inspections, appeals, and licensing. See Iowa Code 103A.3
- 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.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Local building department: means an agency of any governmental subdivision charged with the administration, supervision, or enforcement of building regulations, approval of plans, inspection of buildings, or the issuance of permits, licenses, certificates and similar documents, prescribed or required by state or local building regulations. See Iowa Code 103A.3
- 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
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- State agency: means a state department, board, bureau, commission, or agency of the state of Iowa. See Iowa Code 103A.3
- Subpoena: A command to a witness to appear and give testimony.
2. Notice shall be by registered mail and shall:
a. Name the applicant.
b. State the time and place of the hearing.
c. State the general nature of the appeal.
3. The following may appear and be heard at an appeal hearing:
a. The applicant, or the applicant’s agent.
b. The state agency or local building department involved.
c. Any other person at the board’s discretion.
4. The board, in hearings conducted under this section, shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure.
5. Applications shall be decided promptly. In every case the board shall state generally the reason for its decision.
6. The decision of the board shall state the date on which it takes effect, which shall be no earlier than five days subsequent to issuance of such decision, and a copy of the decision, duly certified by the chairperson of the board, shall be filed in the office of the commissioner, and a copy shall be sent to the parties and any state agency or local building department affected.
7. The decision of the board of review may be appealed to the advisory council by any party by filing a petition with the advisory council at any time prior to the effective date of such decision. The advisory council shall consider all questions of fact and law involved and issue its decision pertaining to the same not later than ten days after receipt of the appeal.
8. A record of all decisions of the board and advisory council shall be properly indexed and filed in the office of the commissioner, and shall be public records as defined in chapter 22.
9. The board may subpoena all of the papers and documents constituting the record upon which the application for the use of alternate materials or methods of construction, modification, reversal, annulment, or review is based, and the state, county, or municipal officer in charge thereof shall, upon receipt of the subpoena, transmit the papers and documents to the board.
10. All decisions of the board shall require the concurrence of at least two of its members.