Iowa Admin. Code r. 501-12.1

Current through Register Vol. 47, No. 5, September 4, 2024

Rule 501-12.1 - Issuance of academy council certification

The council shall deny the issuance of a law enforcement officer's certification 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 chapter 252J, this rule shall apply.

(1) The notice required by Iowa Code section 252J.8, shall be served upon the law enforcement officer or applicant to be a law enforcement officer by restricted certified mail, return receipt requested, or personal service in accordance with Rules of Civil Procedure 56.1. Alternatively, the law enforcement officer or applicant to be a law enforcement officer may accept service personally or through authorized counsel.

(2) The effective date of the denial of the issuance of a law enforcement officer's certification, as specified in the notice required by section 252J.8, shall be 60 days following service of the notice upon the law enforcement officer or applicant to be a law enforcement officer

(3) The academy director is authorized to prepare and serve the notice required by section 252J. 8 upon the law enforcement officer or applicant to be a law enforcement officer

(4) Law enforcement officers and applicants to be a law enforcement officer shall keep the council informed of all court actions and all child support recovery unit actions taken under or in connection with chapter 252J and shall provide the council copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to section 252J.9, all court orders entered in such actions, and withdrawals of certificates of noncompliance by the child support recovery unit.

(5) All council fees for applications, certification or reinstatement must be paid by law enforcement officers or applicants to be a law enforcement officer before a law enforcement officer's certification will be issued or reinstated after the council has denied the issuance or reinstatement of a certification pursuant to chapter 252J.

(6) In the event a law enforcement officer or applicant to be a law enforcement officer timely files a district court action following service of a council notice pursuant to sections 252J.8 and 252J.9, the council 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 council to proceed. For purposes of determining the effective date of the denial of the issuance of a certification of registration, the council 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 council shall notify the law enforcement officer or applicant to be a law enforcement officer in writing through regular first-class mail, or such other means as the council deems appropriate in the circumstances, within ten days of the effective date of the denial of the issuance of a law enforcement officer's certification, and shall similarly notify the law enforcement officer or applicant to be a law enforcement officer when the certification is issued following the council's receipt of a withdrawal of the certificate of noncompliance.

Iowa Admin. Code r. 501-12.1