Iowa Code

Iowa Code § 135.69 (2026)

Appeal of certificate of need decisions

✓ current as of July 2026
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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. [C79, 81, §135.70] 91 Acts, ch 225, §12; 2023 Acts, ch 19, §1443 C2024, §10A.720 2025 Acts, ch 120, §34, 40 C2026, §135.69 Section transferred from §10A.720 in Code 2026 pursuant to directive in 2025 Acts, ch 120, §40 Section amended

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Notes of Decisions
Cited in 1 case, 1995–1995 · leading case: On With Life, Inc. v. State Health Facilities Council, 532 N.W.2d 496 (Iowa Ct. App. 1995).
On With Life, Inc. v. State Health Facilities Council, 532 N.W.2d 496 (Iowa Ct. App. 1995). · cites it 2× “The respondent, State Health *497 Facilities Council (“council”), is the body within the department charged with making the final decision regarding any certificate of need under Iowa Code section 135.69. The application was supported by evidence showing the need for the…”
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