Iowa Code § 135.69
Appeal of certificate of need decisions
Redline — January 1, 2012 → current.View current text →
Current — January 1, 2026
As of January 1, 2012
The department shall complete its formal review of the application within ninety days after acceptance of the application, except as otherwise provided by section 135.72, subsection 4. Upon completion of the formal review, the council shall approve or deny the application. The council shall issue written findings stating the basis for its decision on the application, and the department shall send copies of the council’s decision and the written findings supporting the decision to the applicant and to any other person who so requests.
Failure by the council to issue a written decision on an application for a certificate of need within the time required by this section shall constitute denial of and final administrative action on the application.
The department’s decision on an application for certificate of need, when announced pursuant to section 135.68, shall be a final decision. Any dissatisfied party who is an affected person with respect to the application, and who participated or sought unsuccessfully to participate in the formal review procedure prescribed by section 135.65, may request a rehearing in accordance with chapter 17A and rules of the department. If a rehearing is not requested or an affected party remains dissatisfied after the request for rehearing, an appeal may be taken in the manner provided by chapter 17A. Notwithstanding the Iowa administrative procedure Act, chapter 17A, a request for rehearing is not required prior to appeal under section 17A.19.
91 Acts, ch 225, §11
91 Acts, ch 225, §12; 2023 Acts, ch 19, §1443
Referred to in
C2024, §10A.720
C2026, §135.69
Section transferred from §10A.720 in Code 2026 pursuant to directive in
Section amended
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.