# Remer v. Board of Medical Examiners of the State

> Supreme Court of Iowa · April 22, 1998 · 576 N.W.2d 598

URL: https://www.frixlaw.com/law-library/cases/9654434

## Case

- **Full name:** Herbert I. REMER, Appellant, v. BOARD OF MEDICAL EXAMINERS OF the STATE OF IOWA, Appellee
- **Court:** Supreme Court of Iowa
- **Decided:** April 22, 1998
- **Citations:** 576 N.W.2d 598; 1998 Iowa Sup. LEXIS 67; 1998 WL 188200
- **Precedential status:** Published
- **Opinion:** Concurrence by Carter
- **Judges:** Snell, Carter, Andreasen
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9654434

## Opinion text

CARTER, Justice
(concurring specially).
' I concur with the opinion of the court and agree that the role of the state in this disciplinary matter was “primarily adjudicative” for purposes of applying Iowa Code section 625.29(l)(b). I write separately to stress that in my view all administrative action that results in a contested case hearing does not necessarily fall under that statute. Almost all administrative action that causes adverse consequences to a party seeking attorney fees under section 625.29 will have gone through a contested case hearing process. That is a necessary consequence of the rule requiring exhaustion of administrative remedies. But, this does not mean that the administrative action that is the subject of the complaint was itself primarily adjudicative.
I also note with respect to the present case that the party requesting attorney fees does not qualify for that relief on a more basic ground. Under section 625.29 such fees are only allowed when the state has commenced a civil action or when the attorney-fee claimant has prevailed against the state on the merits of the dispute in a chapter 17A judicial review proceeding. Neither of these conditions is present in this dispute.
ANDREASEN, J., joins this special concurrence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9654434. Public record. Not legal advice.