Iowa Code r. 187-19.13 - Nonpayment of child support
The superintendent shall deny the issuance or renewal of a mortgage loan originator license upon the receipt of a certificate of noncompliance from the child support recovery unit of the department of human services according to the procedures in Iowa Code chapter 252J. In addition to the procedures set forth in Iowa Code chapter 252J, this rule shall apply.
(1) The notice required by Iowa
Code section 252J.8 shall be served upon the
mortgage loan originator or applicant by restricted certified mail, return
receipt requested, or personal service in accordance with Iowa Rule of Civil
Procedure 1.305. Alternatively, the mortgage loan originator or applicant may
accept service personally or through authorized counsel.
(2) The effective date of the denial of the
issuance or renewal of a mortgage loan originator license, as specified in the
notice required by Iowa Code section
252J.8, shall be 60 days
following service of the notice upon the mortgage loan originator or
applicant.
(3) The superintendent
is authorized to prepare and serve the notice required by Iowa Code section
252J.8 upon the mortgage loan
originator or applicant.
(4)
Mortgage loan originators and applicants shall keep the superintendent 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 superintendent
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.
(5) All
superintendent fees for application or license renewal or reinstatement must be
paid by mortgage loan originators or applicants, and all continuing education
requirements must be met before a mortgage loan originator license will be
issued, renewed or reinstated after the superintendent has denied the issuance
or renewal of a mortgage loan originator license pursuant to Iowa Code chapter
252J.
(6) In the event an applicant
or a mortgage loan originator timely files a district court action following
service of a superintendent notice pursuant to Iowa Code sections
252J.8 and
252J.9, the superintendent 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
superintendent to proceed. For purposes of determining the effective date of
the denial of the issuance or renewal of a mortgage loan originator license,
the superintendent 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.
(7) The superintendent shall notify the
mortgage loan originator or applicant in writing through regular first-class
mail, or such other means as the superintendent deems appropriate in the
circumstances, within ten days of the effective date of the denial of the
issuance or renewal of a mortgage loan originator license, and shall similarly
notify the mortgage loan originator or applicant when the license is issued or
renewed following the superintendent's receipt of a withdrawal of the
certificate of noncompliance.
This rule is intended to implement Iowa Code chapters 252J and 17A.
Notes
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