1. Agencies have all subpoena powers conferred upon them by their enabling acts or other
statutes. In addition, prior to the commencement of a contested case by the notice referred
to in section 17A.12, subsection 1, an agency having power to decide contested cases may
subpoena books, papers, records, and any other real evidence necessary for the agency to
determine whether it should institute a contested case proceeding. After the commencement
of a contested case, each agency having power to decide contested cases may administer
oaths and issue subpoenas in those cases. Discovery procedures applicable to civil actions are\n\nTue Dec 09 22:32:44 2025 Iowa Code 2026, Chapter 17A (50, 1)
19 IOWA ADMINISTRATIVE PROCEDURE ACT, §17A.15\n\navailable to all parties in contested cases before an agency. Evidence obtained in discovery
may be used in the hearing before the agency if that evidence would otherwise be admissible
in the agency hearing. Agency subpoenas shall be issued to a party on request. On contest,
the court shall sustain the subpoena or similar process or demand to the extent that it is
found to be in accordance with the law applicable to the issuance of subpoenas or discovery
in civil actions. In proceedings for enforcement, the court shall issue an order requiring the
appearance of the witness or the production of the evidence or data within a reasonable time
under penalty of punishment for contempt in cases of willful failure to comply.
2. An agency that relies on a witness in a contested case, whether or not an agency
employee, who has made prior statements or reports with respect to the subject matter
of the witness’ testimony, shall, on request, make such statements or reports available to
parties for use on cross-examination, unless those statements or reports are otherwise
expressly exempt from disclosure by Constitution or statute. Identifiable agency records
that are relevant to disputed material facts involved in a contested case, shall, upon request,
promptly be made available to a party unless the requested records are expressly exempt
from disclosure by Constitution or statute.
[C75, 77, 79, 81, §17A.13]
83 Acts, ch 186, §10006, 10201
Referred to in §17A.9, 17A.17, 68B.31A, 421.17, 542.11
\n
Notes of Decisions
Christensen v. Iowa Civil Rights Comm'n, 292 N.W.2d 429 (Iowa 1980).
· cites it 10× “The petition cites sections 17A.13 and 17A.19, The Code, as authority for district court review of respondents’ refusal to comply with the discovery requests.”
Iowa Civil Rights Comm'n v. City of Des Moines/Pers. Dep't, 313 N.W.2d 491 (Iowa 1981).
· cites it 5× “§ 17A.13(1), The Code (emphasis added). The Commission contends that these provisions authorize it to subpoena medical and personnel records to enable it to ascertain whether probable cause exists under section 601A.”
Miller v. Lauridsen Foods, Inc., 525 N.W.2d 417 (Iowa 1994).
· cites it 4× “Iowa Code § 17A.13(1) (1991). Interrogatories may be submitted by a party and the failure to answer interrogatories is subject to sanctions.”
Squealer Feeds v. Pickering, 530 N.W.2d 678 (Iowa 1995).
· cites it 2× “Iowa Code § 17A.13(I) (1993) (“Discovery procedures applicable to civil actions are available to all parties in contested cases before an agency.”
Dunlap v. Action Warehouse, 824 N.W.2d 545 (Iowa Ct. App. 2012).
· cites it 2× “Specific authority to seek contempt in the district court is provided for with regard to subpoenas (section 17A.13(1)) and through the Attorney General with regard to bonds and notices for places of hazardous employment (section 87.”
McMaster v. Iowa Bd. of Psychology Examiners, 509 N.W.2d 754 (Iowa 1993).
· cites it 2× “Concurrently, the board filed a petition for enforcement of subpoena pursuant to Iowa Code sections 17A.13 and 258A.3. The petition named Susan as the respondent.”
Gear v. City of Des Moines, 514 F. Supp. 1218 (S.D. Iowa 1981).
· cites it 2× “All subpoena powers conferred by its enabling act or other statutes, in conjunction with those set forth in section 17A.13 were vested in the department.”
Mauk v. State Dep't of Human Servs., 617 N.W.2d 909 (Iowa 2000).
· cites it 4× “13(3) (stating that party shall have opportunity to respond and present evidence and arguments on all issues involved), and had the right to cause subpoenas to be issued, see Iowa Code § 17A.13(1) (“Agency subpoenas shall be issued to a party on request.”
Fischer v. Iowa Sate Com. Comm'n, 368 N.W.2d 88 (Iowa 1985).
· cites it 2× “Section 17A.13 provides that discovery as “applicable to civil actions” is available for purposes of administrative contested case procedure under chapter 17A.”
Portz v. Iowa Bd. of Med. Examiners, 563 N.W.2d 592 (Iowa 1997).
· cites it 2× “2 The board holds separate statutory subpoena power under Iowa Code section 17A.13(1). We however need not decide whether the subpoena power at issue here exists under this section.”
— Iowa Code § 17A.13(1) — 16 cases
Iowa Civil Rights Comm'n v. City of Des Moines/Pers. Dep't, 313 N.W.2d 491 (Iowa 1981).
“§ 17A.13(1), The Code (emphasis added). The Commission contends that these provisions authorize it to subpoena medical and personnel records to enable it to ascertain whether probable cause exists under section 601A.”
Miller v. Lauridsen Foods, Inc., 525 N.W.2d 417 (Iowa 1994).
“Iowa Code § 17A.13(1) (1991). Interrogatories may be submitted by a party and the failure to answer interrogatories is subject to sanctions.”
Dunlap v. Action Warehouse, 824 N.W.2d 545 (Iowa Ct. App. 2012).
“Specific authority to seek contempt in the district court is provided for with regard to subpoenas (section 17A.13(1)) and through the Attorney General with regard to bonds and notices for places of hazardous employment (section 87.”
Mauk v. State Dep't of Human Servs., 617 N.W.2d 909 (Iowa 2000).
“13(3) (stating that party shall have opportunity to respond and present evidence and arguments on all issues involved), and had the right to cause subpoenas to be issued, see Iowa Code § 17A.13(1) (“Agency subpoenas shall be issued to a party on request.”
— Iowa Code § 17A.13(I) — 1 case
Squealer Feeds v. Pickering, 530 N.W.2d 678 (Iowa 1995).
“Iowa Code § 17A.13(I) (1993) (“Discovery procedures applicable to civil actions are available to all parties in contested cases before an agency.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.