216.17 - JUDICIAL REVIEW -- ENFORCEMENT.
216.17 JUDICIAL REVIEW -- ENFORCEMENT.
1. a. Judicial review of the actions of the commission may be
sought in accordance with the terms of the Iowa administrative
procedure Act, chapter 17A. Notwithstanding the terms of said Act,
petition for judicial review may be filed in the district court in
which an enforcement proceeding under subsection 2 may be brought.
b. For purposes of the time limit for filing a petition for
judicial review under the Iowa administrative procedure Act, chapter
17A, specified by section 17A.19, the issuance of a final decision of
the commission under this chapter occurs on the date notice of the
decision is mailed to the parties.
c. Notwithstanding the time limit provided in section 17A.19,
subsection 3, a petition for judicial review of no-probable-cause
decisions and other final agency actions which are not of general
applicability must be filed within thirty days of the issuance of the
final agency action.
2. The commission may obtain an order of court for the
enforcement of commission orders in a proceeding as provided in this
section. Such an enforcement proceeding shall be brought in the
district court of the district in the county in which the alleged
discriminatory or unfair practice which is the subject of the
commission's order was committed, or in which any respondent required
in the order to cease or desist from a discriminatory or unfair
practice or to take other affirmative action, resides, or transacts
business.
3. Such an enforcement proceeding shall be initiated by the
filing of a petition in such court and the service of a copy thereof
upon the respondent. Thereupon the commission shall file with the
court a transcript of the record of the hearing before it. The court
shall have power to grant such temporary relief or restraining order
as it deems just and proper, and to make and enter upon the
pleadings, testimony, and proceedings set forth in such transcript an
order enforcing, modifying, and enforcing as so modified, or setting
aside the order of the commission, in whole or in part.
4. An objection that has not been urged before the commission
shall not be considered by the court in an enforcement proceeding,
unless the failure or neglect to urge such objection shall be excused
because of extraordinary circumstances.
5. Any party to the enforcement proceeding may move the court to
remit the case to the commission in the interests of justice for the
purpose of adducing additional specified and material evidence and
seeking findings thereof, providing such party shall show reasonable
grounds for the failure to adduce such evidence before the
commission.
6. In the enforcement proceeding the court shall determine its
order on the same basis as it would in a proceeding reviewing
commission action under section 17A.19.
7. The commission's copy of the testimony shall be available to
all parties for examination at all reasonable times, without cost,
and for the purpose of judicial review of the commission's orders.
8. The commission may appear in court by its own attorney.
9. Petitions filed under this section shall be heard
expeditiously and determined upon the transcript filed without
requirement for printing.
10. If no proceeding to obtain judicial review is instituted
within thirty days from the issuance of an order of the commission
under section 216.15 or 216.15A, the commission may obtain an order
of the court for the enforcement of the order upon showing that
respondent is subject to the jurisdiction of the commission and
resides or transacts business within the county in which the petition
for enforcement is brought. Section History: Early Form
[C66, 71, § 105A.10; C73, § 601A.10; C75, 77, § 601A.15; C79, 81,
§ 601A.17] Section History: Recent Form
83 Acts, ch 57, § 1; 92 Acts, ch 1129, § 15
C93, § 216.17
98 Acts, ch 1202, §37, 46; 2003 Acts, ch 44, §114; 2005 Acts, ch
23, §4; 2009 Acts, ch 41, §263
Referred to in § 216.15A, 216.19
For provision governing conflicts between this section and section
216.17A, see § 216.15A, subsection 13