Iowa Code 515A.18 – Hearing procedure and judicial review
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Terms Used In Iowa Code 515A.18
- 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.
- 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
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
515A.18 Hearing procedure and judicial review.
1. Any person, insurer, or rating organization to which the commissioner has directed an
order made without a hearing may, within thirty days after receipt of the notice of the order, make written request to the commissioner for a hearing on the order. The commissioner shall conduct a hearing within twenty days after receipt of the request and shall give not less than ten days’ written notice of the time and place of the hearing. Within fifteen days after the hearing the commissioner shall affirm, reverse, or modify the previous action, specifying the commissioner’s reasons therefor. The commissioner may suspend or postpone the effective date of the commissioner’s previous action until after the hearing and decision.
2. Nothing contained in this chapter shall require the observance at any hearing of formal rules of pleading or evidence.
3. a. Judicial review of the actions of the commissioner may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.
b. The court shall determine whether the filing of the petition for such writ shall operate as a stay of any such order or decision of the commissioner. The court may, in disposing of the issue before it, modify, affirm or reverse the order or decision of the commissioner in whole or in part.
[C50, 54, 58, 62, §515A.18, 515B.17; C66, 71, 73, 75, 77, 79, 81, §515A.18]
2003 Acts, ch 44, §114; 2012 Acts, ch 1023, §157; 2023 Acts, ch 66, §124
Referred to in §515A.11, 515A.15A
Subsection 1 amended
1. Any person, insurer, or rating organization to which the commissioner has directed an
order made without a hearing may, within thirty days after receipt of the notice of the order, make written request to the commissioner for a hearing on the order. The commissioner shall conduct a hearing within twenty days after receipt of the request and shall give not less than ten days’ written notice of the time and place of the hearing. Within fifteen days after the hearing the commissioner shall affirm, reverse, or modify the previous action, specifying the commissioner’s reasons therefor. The commissioner may suspend or postpone the effective date of the commissioner’s previous action until after the hearing and decision.
2. Nothing contained in this chapter shall require the observance at any hearing of formal rules of pleading or evidence.
3. a. Judicial review of the actions of the commissioner may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.
b. The court shall determine whether the filing of the petition for such writ shall operate as a stay of any such order or decision of the commissioner. The court may, in disposing of the issue before it, modify, affirm or reverse the order or decision of the commissioner in whole or in part.
[C50, 54, 58, 62, §515A.18, 515B.17; C66, 71, 73, 75, 77, 79, 81, §515A.18]
2003 Acts, ch 44, §114; 2012 Acts, ch 1023, §157; 2023 Acts, ch 66, §124
Referred to in §515A.11, 515A.15A
Subsection 1 amended