Cooper v. KIRKWOOD COMMUNITY COLLEGE

I respectfully dissent. The majority concludes that the district court lacked subject matter jurisdiction to consider Cooper’s petition for judicial review, which was filed within thirty days of the agency’s final decision on remand but before the agency ruled on the employer’s petition for rehearing. In concluding that Cooper’s timely-filed petition must be dismissed, the majority relies on the language of section 17A.19(3) and precedent addressing untimely-filed petitions. I would reach a contrary conclusion.

Iowa Code section 17A.19(3) grants parties an extension of time to file a petition…