This text of Iowa § 480A.5 (Arbitration) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.A public utility that is denied registration, denied a right-of-way permit, that has its
right-of-way permit revoked, or that believes that the fees imposed on such user by the local
government do not conform to the requirements of this chapter may request in writing that
such denial, revocation, or fee imposition be reviewed by the governing body of the local
government. The governing body of the local government shall act within sixty days on a
timely written request. A decision by the governing body affirming the denial, revocation,
or fee imposition must be in writing and supported by written findings establishing the
reasonableness of the decision.
2.Upon affirmation by the governing body of the denial, revocation, or fee imposition,
the public utility may do either of the followi
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1. A public utility that is denied registration, denied a right-of-way permit, that has its
right-of-way permit revoked, or that believes that the fees imposed on such user by the local
government do not conform to the requirements of this chapter may request in writing that
such denial, revocation, or fee imposition be reviewed by the governing body of the local
government. The governing body of the local government shall act within sixty days on a
timely written request. A decision by the governing body affirming the denial, revocation,
or fee imposition must be in writing and supported by written findings establishing the
reasonableness of the decision.
2. Upon affirmation by the governing body of the denial, revocation, or fee imposition,
the public utility may do either of the following:
a. With the consent of the governing body, have the matter finally resolved by binding
arbitration. Binding arbitration must be before an arbitrator agreed to by both the local
governmentandthepublicutility. Ifthepartiesareunabletoagreeonanarbitrator,thematter
shallberesolvedbyathree-personarbitrationpanelmadeupofonearbitratorselectedbythe
local government, one arbitrator selected by the public utility, and one arbitrator selected by
the other two arbitrators. The cost and expense of a single arbitrator shall be borne equally
by the local government and the public utility. If a three-person arbitration panel is selected,
eachpartyshallbeartheexpenseofitsownarbitratorandthepartiesshalljointlyandequally
bear the cost and expense of the third arbitrator, and of the arbitration. Each party to the
arbitration shall pay its own costs, disbursements, and attorney fees.
b. Bring an action in district court to review a decision of the governing body made under
this section.