Iowa Admin. Code r. 441-110.16 - Registration actions for nonpayment of child support
The
(1)
Service of notice. The
notice required by Iowa Code section
252J.8
shall be served upon the applicant or registrant by restricted certified mail,
return receipt requested, or personal service in accordance with Iowa Rule of
Civil Procedure 1.305. Alternatively, the applicant or registrant may accept
service personally or through authorized counsel.
(2)
Effective date. The
effective date of the revocation or denial of the registration as specified in
the notice required by Iowa Code section 252J.8 shall be 60 days following
service of the notice upon the applicant or licensee.
(3)
Preparation of notice.
The department director or designee of the director is authorized to prepare
and serve the notice as required by Iowa Code section 252J.8 upon the applicant
or registrant.
(4)
Responsibilities of registrants and applicants. Registrants
and registrant applicants shall keep the department informed of all court
actions, and all child support recovery unit actions taken under or in
connection with Iowa Code chapter 252J, and shall provide the department
copies, within seven days of filing or issuance, of all applications filed with
the district court pursuant to Iowa Code section 252J.9, all court orders
entered in the actions, and withdrawals of certificates of noncompliance by the
child support recovery unit.
(5)
District court. A registrant or applicant may file an
application with the district court within 30 days of service of a department
notice pursuant to Iowa Code sections 25 2J. 8 and
252J.9.
a. The filing of the application shall stay
the department action until the department receives a court order lifting the
stay, dismissing the action, or otherwise directing the department to
proceed.
b. For purposes of
determining the effective date of the revocation, or denial of the issuance or
renewal of a registration , the department shall count the number of days before
the action was filed and the number of days after the action was disposed of by
the court.
(6)
Procedure for notification. The department shall notify the
applicant or registrant in writing through regular first-class mail, or such
other means as the department deems appropriate in the circumstances, within
ten days of the effective date of the revocation of a registration or the
denial of the issuance or renewal of a registration , and shall similarly notify
the applicant or registrant when the registration is issued, renewed, or
reinstated following the department 's receipt of a withdrawal of the
certificate of noncompliance.
(7)
Appeal rights. Notwithstanding Iowa Code section 17A. 18, the
registrant does not have the right to a hearing regarding this issue but may
request a court hearing pursuant to Iowa Code section
252J.9.
Notes
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