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[T] INTL. UNION v. IOWA DEPT. OF WORKFORCE DEV.

6/12/2002

mitted the same dispute as a contested case. A contested case is defined as "a proceeding including but not restricted to ratemaking, price fixing, and licensing in which the legal rights, duties or privileges of a party are required by Constitution or statute to be determined by an agency after an opportunity for an evidentiary hearing." Iowa Code ยง 17A.2(5). The Union has been able to cite no authority for considering its petition for declaratory ruling as a contested case and we find none. The proceeding was correctly dismissed.


Like the agency and the district court, we express no views on the merits of the Union's contention. We do not suggest the delays or backlogs they assert are, or should be, acceptable. The district court was correct, however, in holding we are without authority to resolve the present litigation.


AFFIRMED.


This opinion shall not be published.






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