Rule 1.1603.Contested case proceedings; intervention; schedule
Division XVI: Proceedings for Judicial Review of Agency Action · Last amended November 14, 2017 · Last verified July 15, 2026
Full Text of Rule 1.1603
Plain-English Summary
Rule 1.1603 addresses judicial review proceedings that grow out of an agency's contested case — the administrative equivalent of a trial, where the agency itself has already heard evidence and made findings. The rule gives an intervenor in that judicial review flexibility about how to align itself: it may join with the petitioner, join with the respondent, or take a position adverse to both.
The rule also gives the reviewing court a tool for keeping the case moving. Upon request of any party, the court shall establish a schedule for conducting the proceeding, and even without a request, the court may set that schedule on its own motion. Requiring the court to act on a party's request, while leaving it discretionary when no party asks, strikes a balance between giving parties control over case management and letting the court step in when nobody has raised the issue.
This rule's short scope reflects how much of contested-case judicial review already runs through Iowa Code section 17A.19 itself; Rule 1.1603 fills two specific gaps — intervenor alignment and scheduling — rather than duplicating the statute's broader framework.
Frequently Asked Questions
Can an intervenor in a contested case judicial review side with either the petitioner or the respondent?
Yes. Rule 1.1603 allows an intervenor to join with the petitioner or the respondent, or to claim adversely to both.
Who decides whether the reviewing court sets a schedule for the case?
The court must establish a schedule if any party requests one, and the court may also set a schedule on its own motion even without a request.
Does this rule apply to every judicial review of agency action?
Rule 1.1603 applies specifically to judicial review of agency action in a contested case under Iowa Code section 17A.19, a proceeding that follows an agency's own trial-like hearing process.
What does it mean for an intervenor to claim adversely to both parties?
It means the intervenor is not limited to aligning with the petitioner or respondent, and may instead assert a position in the judicial review proceeding that opposes both existing parties.
Does Rule 1.1603 set specific scheduling deadlines?
No. The rule authorizes the court to establish a schedule but does not itself prescribe fixed deadlines, leaving the schedule's content to the court handling the case.