Iowa Code r. 561-15.5 - District court hearing
A person may seek review of the actions listed in 701-subrule 153.14(1) and request a hearing before the district court by filing an application with the district court in the county in which the majority of the liability was incurred. The person must send a copy of the application to the collecting agency by regular mail. The application must be filed no later than 30 days after the department issues its notice of intent.
(1)
Scheduling. The clerk of
the district court shall schedule a hearing and mail a copy of the scheduling
order to the person, the collecting agency, and the department.
(2)
Certification. Prior to
the hearing, the collecting agency shall certify to the court a copy of its
written decision and certificate of noncompliance, indicating the date of
issuance, and the department shall certify to the court a copy of the notice
issued pursuant to subrule 15.3(3).
(3)
Stay. Upon receipt of a
copy of a scheduling order from the clerk of court and prior to the hearing,
the department shall stay any action contemplated on the person's license
pursuant to the notice of intent.
(4)
Hearing. The hearing on
the person's application shall be scheduled and held within 30 days of the
filing of the application. However, if the person fails to appear at the
scheduled hearing, the stay shall be lifted and the department shall continue
its procedures pursuant to the notice of intent.
(5)
Scope of review. The
district court's review shall be limited to demonstration of the amount of the
liability owed or the identity of the person.
(6)
Findings. If the court
finds the collecting agency was in error either in issuing a certificate of
noncompliance or in its failure to issue a withdrawal of a certificate of
noncompliance, the collecting agency shall issue a withdrawal of a certificate
of noncompliance to the department. If the court finds the collecting agency
was justified in issuing a certificate of noncompliance or in not issuing a
withdrawal of a certificate of noncompliance, a stay imposed under subrule
15.5(3) shall be lifted and the department shall proceed with the action as
outlined in its notice of intent.
Notes
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