88.9 JUDICIAL REVIEW.
1. Aggrieved persons.a. Judicial review of any order of the appeal board issued
under section 88.8, subsection 3, may be sought in accordance with
the terms of the Iowa administrative procedure Act, chapter 17A.
Notwithstanding the terms of the Iowa administrative procedure Act,
chapter 17A, petitions for judicial review may be filed in the
district court of the county in which the violation is alleged to
have occurred or where the employer has its principal office and may
be filed within sixty days following the issuance of such order. The
appeal board'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 appeal board's orders.
b. The commissioner may obtain judicial review or enforcement
of any final order or decision of the appeal board by filing a
petition in the district court of the county in which the alleged
violation occurred or in which the employer has its principal office.
The judicial review provisions of chapter 17A shall govern such
proceedings to the extent applicable.
c. Notwithstanding section 10A.601, subsection 7, and chapter
17A, the commissioner has the exclusive right to represent the appeal
board in any judicial review of an appeal board decision under this
chapter in which the commissioner does not appeal the appeal board
decision, except as provided by section 88.17.
2. Uncontested appeal board orders. If no petition for
judicial review is filed within sixty days after service of the
appeal board's order, the appeal board's findings of fact and order
shall be conclusive in connection with any petition for enforcement
which is filed by the commissioner after the expiration of such
sixty-day period. In any such case, as well as in the case of a
noncontested citation or notification by the commissioner which has
become a final order of the appeal board under section 88.8,
subsection 1 or 2, the clerk of the district court, unless otherwise
ordered by the court, shall forthwith enter a decree enforcing the
order and shall transmit a copy of such decree to the appeal board
and the employer named in the petition. In any contempt proceeding
brought to enforce a decree of a district court entered pursuant to
this subsection or subsection 1, the district court may assess the
penalties provided in section 88.14 in addition to invoking any other
available remedies.
3. Discrimination and discharge.a. (1) A person shall not discharge or in any manner
discriminate against an employee because the employee has filed a
complaint or instituted or caused to be instituted a proceeding under
or related to this chapter or has testified or is about to testify in
any such proceeding or because of the exercise by the employee on
behalf of the employee or others of a right afforded by this chapter.
(2) A person shall not discharge or in any manner discriminate
against an employee because the employee, who with no reasonable
alternative, refuses in good faith to expose the employee's self to a
dangerous condition of a nature that a reasonable person, under the
circumstances then confronting the employee, would conclude that
there is a real danger of death or serious injury; provided the
employee, where possible, has first sought through resort to regular
statutory enforcement channels, unless there has been insufficient
time due to the urgency of the situation, or the employee has sought
and been unable to obtain from the person, a correction of the
dangerous condition.
b. (1) An employee who believes that the employee has been
discharged or otherwise discriminated against by a person in
violation of this subsection may, within thirty days after the
violation occurs, file a complaint with the commissioner alleging
discrimination.
(2) Upon receipt of the complaint, the commissioner shall conduct
an investigation as the commissioner deems appropriate. If, upon
investigation, the commissioner determines that the provisions of
this subsection have been violated, the commissioner shall bring an
action in the appropriate district court against the person. In any
such action, the district court has jurisdiction to restrain
violations of this subsection and order all appropriate relief
including rehiring or reinstatement of the employee to the employee's
former position with back pay.
(3) Within ninety days of the receipt of a complaint filed under
this subsection, the commissioner shall notify the complainant of the
commissioner's determination under this subsection.
Section History: Early Form
[C66, 71, § 88A.16; C73, 75, 77, 79, 81, § 88.9]
Section History: Recent Form
88 Acts, ch 1107, §1; 93 Acts, ch 180, § 56, 57; 2003 Acts, ch 44,
§114; 2008 Acts, ch 1032, §174
Referred to in § 88.6, 602.8102(23)
88.9 JUDICIAL REVIEW.
1. Aggrieved persons.a. Judicial review of any order of the appeal board issued
under section 88.8, subsection 3, may be sought in accordance with
the terms of the Iowa administrative procedure Act, chapter 17A.
Notwithstanding the terms of the Iowa administrative procedure Act,
chapter 17A, petitions for judicial review may be filed in the
district court of the county in which the violation is alleged to
have occurred or where the employer has its principal office and may
be filed within sixty days following the issuance of such order. The
appeal board'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 appeal board's orders.
b. The commissioner may obtain judicial review or enforcement
of any final order or decision of the appeal board by filing a
petition in the district court of the county in which the alleged
violation occurred or in which the employer has its principal office.
The judicial review provisions of chapter 17A shall govern such
proceedings to the extent applicable.
c. Notwithstanding section 10A.601, subsection 7, and chapter
17A, the commissioner has the exclusive right to represent the appeal
board in any judicial review of an appeal board decision under this
chapter in which the commissioner does not appeal the appeal board
decision, except as provided by section 88.17.
2. Uncontested appeal board orders. If no petition for
judicial review is filed within sixty days after service of the
appeal board's order, the appeal board's findings of fact and order
shall be conclusive in connection with any petition for enforcement
which is filed by the commissioner after the expiration of such
sixty-day period. In any such case, as well as in the case of a
noncontested citation or notification by the commissioner which has
become a final order of the appeal board under section 88.8,
subsection 1 or 2, the clerk of the district court, unless otherwise
ordered by the court, shall forthwith enter a decree enforcing the
order and shall transmit a copy of such decree to the appeal board
and the employer named in the petition. In any contempt proceeding
brought to enforce a decree of a district court entered pursuant to
this subsection or subsection 1, the district court may assess the
penalties provided in section 88.14 in addition to invoking any other
available remedies.
3. Discrimination and discharge.a. (1) A person shall not discharge or in any manner
discriminate against an employee because the employee has filed a
complaint or instituted or caused to be instituted a proceeding under
or related to this chapter or has testified or is about to testify in
any such proceeding or because of the exercise by the employee on
behalf of the employee or others of a right afforded by this chapter.
(2) A person shall not discharge or in any manner discriminate
against an employee because the employee, who with no reasonable
alternative, refuses in good faith to expose the employee's self to a
dangerous condition of a nature that a reasonable person, under the
circumstances then confronting the employee, would conclude that
there is a real danger of death or serious injury; provided the
employee, where possible, has first sought through resort to regular
statutory enforcement channels, unless there has been insufficient
time due to the urgency of the situation, or the employee has sought
and been unable to obtain from the person, a correction of the
dangerous condition.
b. (1) An employee who believes that the employee has been
discharged or otherwise discriminated against by a person in
violation of this subsection may, within thirty days after the
violation occurs, file a complaint with the commissioner alleging
discrimination.
(2) Upon receipt of the complaint, the commissioner shall conduct
an investigation as the commissioner deems appropriate. If, upon
investigation, the commissioner determines that the provisions of
this subsection have been violated, the commissioner shall bring an
action in the appropriate district court against the person. In any
such action, the district court has jurisdiction to restrain
violations of this subsection and order all appropriate relief
including rehiring or reinstatement of the employee to the employee's
former position with back pay.
(3) Within ninety days of the receipt of a complaint filed under
this subsection, the commissioner shall notify the complainant of the
commissioner's determination under this subsection.
Section History: Early Form
[C66, 71, § 88A.16; C73, 75, 77, 79, 81, § 88.9]
Section History: Recent Form
88 Acts, ch 1107, §1; 93 Acts, ch 180, § 56, 57; 2003 Acts, ch 44,
§114; 2008 Acts, ch 1032, §174
Referred to in § 88.6, 602.8102(23)
88.9 JUDICIAL REVIEW.
1. Aggrieved persons.a. Judicial review of any order of the appeal board issued
under section 88.8, subsection 3, may be sought in accordance with
the terms of the Iowa administrative procedure Act, chapter 17A.
Notwithstanding the terms of the Iowa administrative procedure Act,
chapter 17A, petitions for judicial review may be filed in the
district court of the county in which the violation is alleged to
have occurred or where the employer has its principal office and may
be filed within sixty days following the issuance of such order. The
appeal board'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 appeal board's orders.
b. The commissioner may obtain judicial review or enforcement
of any final order or decision of the appeal board by filing a
petition in the district court of the county in which the alleged
violation occurred or in which the employer has its principal office.
The judicial review provisions of chapter 17A shall govern such
proceedings to the extent applicable.
c. Notwithstanding section 10A.601, subsection 7, and chapter
17A, the commissioner has the exclusive right to represent the appeal
board in any judicial review of an appeal board decision under this
chapter in which the commissioner does not appeal the appeal board
decision, except as provided by section 88.17.
2. Uncontested appeal board orders. If no petition for
judicial review is filed within sixty days after service of the
appeal board's order, the appeal board's findings of fact and order
shall be conclusive in connection with any petition for enforcement
which is filed by the commissioner after the expiration of such
sixty-day period. In any such case, as well as in the case of a
noncontested citation or notification by the commissioner which has
become a final order of the appeal board under section 88.8,
subsection 1 or 2, the clerk of the district court, unless otherwise
ordered by the court, shall forthwith enter a decree enforcing the
order and shall transmit a copy of such decree to the appeal board
and the employer named in the petition. In any contempt proceeding
brought to enforce a decree of a district court entered pursuant to
this subsection or subsection 1, the district court may assess the
penalties provided in section 88.14 in addition to invoking any other
available remedies.
3. Discrimination and discharge.a. (1) A person shall not discharge or in any manner
discriminate against an employee because the employee has filed a
complaint or instituted or caused to be instituted a proceeding under
or related to this chapter or has testified or is about to testify in
any such proceeding or because of the exercise by the employee on
behalf of the employee or others of a right afforded by this chapter.
(2) A person shall not discharge or in any manner discriminate
against an employee because the employee, who with no reasonable
alternative, refuses in good faith to expose the employee's self to a
dangerous condition of a nature that a reasonable person, under the
circumstances then confronting the employee, would conclude that
there is a real danger of death or serious injury; provided the
employee, where possible, has first sought through resort to regular
statutory enforcement channels, unless there has been insufficient
time due to the urgency of the situation, or the employee has sought
and been unable to obtain from the person, a correction of the
dangerous condition.
b. (1) An employee who believes that the employee has been
discharged or otherwise discriminated against by a person in
violation of this subsection may, within thirty days after the
violation occurs, file a complaint with the commissioner alleging
discrimination.
(2) Upon receipt of the complaint, the commissioner shall conduct
an investigation as the commissioner deems appropriate. If, upon
investigation, the commissioner determines that the provisions of
this subsection have been violated, the commissioner shall bring an
action in the appropriate district court against the person. In any
such action, the district court has jurisdiction to restrain
violations of this subsection and order all appropriate relief
including rehiring or reinstatement of the employee to the employee's
former position with back pay.
(3) Within ninety days of the receipt of a complaint filed under
this subsection, the commissioner shall notify the complainant of the
commissioner's determination under this subsection.
Section History: Early Form
[C66, 71, § 88A.16; C73, 75, 77, 79, 81, § 88.9]
Section History: Recent Form
88 Acts, ch 1107, §1; 93 Acts, ch 180, § 56, 57; 2003 Acts, ch 44,
§114; 2008 Acts, ch 1032, §174
Referred to in § 88.6, 602.8102(23)
