Iowa Admin. Code r. 571-15.55

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 571-15.55 - [Effective until 6/5/2024] District court hearing

A person may seek review of the actions listed in rule 701-153.14 (272D) 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 imit 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 unit, and the department.

(2)Certification. The unit shall certify a copy of its written decision and certificate of noncompliance, indicating the date of issuance, and the department shall certify a copy of the notice issued pursuant to subrule 15.53(3) to the court prior to the hearing.

(3)Stay. Upon receipt from the clerk of court of a copy of a scheduling order 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 application being filed. 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 ofreview. 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 unit was in error either in issuing a certificate of noncompliance or in its failure to issue a withdrawal of a certificate of noncompliance, the unit shall issue a withdrawal of a certificate of noncompliance to the department. If the court finds the imit was justified in issuing a certificate of noncompliance or in not issuing a withdrawal of a certificate of noncompliance, a stay imposed under subrule 15.55(3) shall be lifted and the department shall proceed with the action as outlined in its notice of intent.

Iowa Admin. Code r. 571-15.55

ARC 8465B, lAB 1/13/10, effective 2/17/10