Iowa Admin. Code r. 282-8.1

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 282-8.1 - Issuance or renewal of a license-denial

The board shall deny the issuance or renewal of a license upon receipt of a certificate of noncompliance from the centralized collection unit of the department of revenue according to the procedures set forth in Iowa Code chapter272D. In addition to the procedures contained in Iowa Code chapter272D, the following shall apply.

(1) The notice required by Iowa Code chapter272D shall be served by restricted certified mail, return receipt requested, or by personal service in accordance with the Iowa Rules of Civil Procedure. Alternatively, the applicant or licensee may accept service personally or through authorized counsel.

(2) The effective date of the denial of the issuance or renewal of a license, as specified in the notice required by Iowa Code chapter272D, shall be60 days following service of the notice upon the applicant or licensee.

(3) The board's administrator is authorized to prepare and serve the notice required by Iowa Code chapter272D upon the applicant or licensee.

(4) Applicants and licensees shall keep the board informed of all court actions and all centralized collection unit actions taken under or in connection with Iowa Code chapter272D and shall provide the board copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to Iowa Code chapter272D, court orders entered in such actions, and withdrawals of certificates of noncompliance by the centralized collection unit.

(5) All board fees required for application, license renewal, or license reinstatement must be paid by applicants or licensees and all continuing education requirements must be met before a license will be issued, renewed, or reinstated after the board has denied the issuance or renewal of a license pursuant to Iowa Code chapter272D.

(6) In the event an applicant or licensee timely files a district court action following service of a board notice pursuant to Iowa Code chapter272D, the board 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 board to proceed. For purposes of determining the effective date of the denial of the issuance or renewal of a license, the board shall coimt 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 board shall notify the applicant or licensee in writing through regular first-class mail, or such other means as the board deems appropriate in the circumstances, within ten days of the effective date of the denial of the issuance or renewal of a license and shall similarly notify the applicant or licensee when the license is issued or renewed following the board's receipt of the certificate of noncompliance.

Iowa Admin. Code r. 282-8.1

ARC 8135B, lAB 9/9/09, effective 10/14/09