35C.5 - APPEALS.
35C.5 APPEALS.
In addition to the remedy provided in section 35C.4, an appeal may
be taken by any person belonging to any of the classes of persons to
whom a preference is hereby granted, from any refusal to allow said
preference, as provided in this chapter, to the district court of the
county in which such refusal occurs. The appeal shall be made by
serving upon the appointing board within twenty days after the date
of the refusal of said appointing officer, board, or persons to allow
said preference, a written notice of such appeal stating the grounds
of the appeal; a demand in writing for a certified transcript of the
record, and all papers on file in the office affecting or relating to
said appointment. Thereupon, said appointing officer, board, or
person shall, within ten days, make, certify, and deliver to
appellant such a transcript; and the appellant shall, within five
days thereafter, file the same and a copy of the notice of appeal
with the clerk of said court, and said notice of appeal shall stand
as appellant's complaint and thereupon said cause shall be accorded
such preference in its assignment for trial as to assure its prompt
disposition. The court shall receive and consider any pertinent
evidence, whether oral or documentary, concerning said appointment
from which the appeal is taken, and if the court shall find that the
said applicant is qualified as defined in section 35C.1, to hold the
position for which the applicant has applied, said court shall, by
its mandate, specifically direct the said appointing officer, board
or persons as to their further action in the matter. An appeal may
be taken from judgment of the said district court on any such appeal
on the same terms as an appeal is taken in civil actions. At their
election parties entitled to appeal under this section may, in the
alternative, maintain an action for judicial review in accordance
with the terms of the Iowa administrative procedure Act, chapter 17A,
if that is otherwise applicable to their case. Section History: Early Form
[C35, § 1162-g1; C39, § 1162.1; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, § 70.5] Section History: Recent Form
C93, § 35C.5
2003 Acts, ch 44, §114
Referred to in § 35C.5A
Appeals, R.App.P. 6.101, 6.102, 6.701