Iowa Code r. 441-110.16 - Registration actions for nonpayment of child support
The department shall revoke or deny the issuance or renewal of a child development home registration upon the receipt of a certificate of noncompliance from the child support recovery unit of the department according to the procedures in Iowa Code chapter 252J. In addition to the procedures set forth in Iowa Code chapter 252J, the rules in this chapter shall apply.
(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
252J.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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