The following procedures shall apply to actions taken by the
state fire marshal on a certificate of noncompliance received from the Iowa
department of human services pursuant to Iowa Code chapter 252J:
(1) The notice required by Iowa Code section
252J.8 shall be served upon the
applicant or licensee by restricted certified mail, return receipt requested,
or personal service in accordance with Iowa Rule of Civil Procedure 1.305.
Alternatively, the licensee or applicant may accept service personally or
through authorized counsel.
(2) The
effective date of revocation or suspension of a license or denial of the
issuance or renewal of a license, as specified in the notice required by Iowa
Code section 252J.8, shall be 60 days
following service upon the licensee or applicant.
(3) Licensees and applicants for licensure
shall keep the state fire marshal 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 state fire marshal with 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 such actions, and withdrawals of certificates of noncompliance by the child
support recovery unit.
(4) All fees
for applications, license renewal or reinstatement must be paid by the licensee
or applicant before a license will be issued, renewed, or reinstated after the
state fire marshal has denied the issuance or renewal of a license or has
suspended or revoked a license pursuant to Iowa Code chapter 252J.
(5) In the event a licensee or applicant
files a timely district court action following service of a notice pursuant to
Iowa Code sections
252J.8 and
252J.9, the state fire marshal
shall continue with the intended action described in the notice upon the
receipt of a court order lifting the stay, dismissing the action, or otherwise
directing the state fire marshal to proceed. For the purpose of determining the
effective date of revocation, suspension or denial of the issuance or renewal
of a license, the state fire marshal 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.
Note: The procedures established in this rule implement the
requirements of Iowa Code chapter 252J. The provisions of Iowa Code chapter
252J establish mandatory requirements for an agency which administers a
licensure program, such as the one established in this chapter, and provide
that actions brought under these provisions are not subject to contested case
procedures established in Iowa Code chapter 17A but must be appealed directly
to district court.