Statutes > Iowa Statutes > Title 3 - Public Services and Regulation > Subtitle 5 - Fire Control > CHAPTER 100 - STATE FIRE MARSHAL > 100.16 - JUDICIAL REVIEW -- COURT COSTS.

100.16 - JUDICIAL REVIEW -- COURT COSTS.

        100.16  JUDICIAL REVIEW -- COURT COSTS.
         1.  Judicial review of actions of the fire marshal may be sought
      in accordance with the terms of the Iowa administrative procedure Act
      pursuant to chapter 17A.  If legal proceedings have been instituted
      pursuant to section 100.14, all related issues which could otherwise
      be raised in a proceeding for judicial review shall be raised in the
      legal proceedings instituted pursuant to section 100.14.
         2.  Upon judicial review of the fire marshal's action, if the
      court affirms the agency action, the court shall tax all court costs
      of the review proceeding against the appellant.  However, if the
      court reverses, revokes, or annuls the fire marshal's action, the
      court shall tax all court costs of the review proceeding against the
      agency.  If the fire marshal's action is modified or the matter is
      remanded to the agency for further proceedings, the court shall
      apportion the court costs within the discretion of the court.
         Section History: Early Form
         [S13, § 2468-j; C24, 27, 31, 35, 39, § 1636; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 100.16]
         Section History: Recent Form
         94 Acts, ch 1078, §3