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Current as of January 01, 2024 | Updated by Findlaw Staff
1. The commissioner shall deny an adjuster's application for license issuance, renewal, reinstatement, or reissuance; suspend a current license; or revoke a currently suspended license, upon receipt of a certificate of noncompliance from the child support recovery unit pursuant to chapter 252J, or upon receipt of a certificate of noncompliance from the centralized collection unit of the department of revenue pursuant to chapter 272D.
2. Upon receipt of a certificate of noncompliance under subsection 1, the commissioner shall issue a notice to the adjuster that the division will, unless the certificate of noncompliance is withdrawn, deny the adjuster's application for license issuance, renewal, reinstatement, or reissuance, suspend the adjuster's current license, or revoke the adjuster's currently suspended license, thirty calendar days after the date the notice is mailed. Notice shall be sent to the adjuster's last known address by restricted certified mail, return receipt requested, or in accordance with the division's rules for service. The notice shall contain all of the following:
a. A statement that the commissioner intends to deny the adjuster's application for license issuance, renewal, reinstatement, or reissuance; suspend the adjuster's current license; or revoke the adjuster's currently suspended license in thirty calendar days unless the certificate of noncompliance is withdrawn.
b. A statement that the adjuster must contact the agency that issued the certificate of noncompliance to request a withdrawal.
c. A statement that the adjuster does not have a right to a hearing before the division, but that the adjuster may file an application for a hearing in district court pursuant to section 252J.9 or 272D.9, as applicable, and that the filing of an application by the adjuster will stay the proceedings of the division.
d. A copy of the certificate of noncompliance.
3. An adjuster shall keep the commissioner informed of all actions taken by the district court or the issuing agency in connection with a certificate of noncompliance. Within seven calendar days of filing or issuance, an adjuster shall provide to the commissioner a copy of all applications filed with the district court pursuant to an application or hearing, all court orders entered in such action, and all withdrawals of a certificate of noncompliance.
4. If an applicant or licensed adjuster timely files an application for hearing in district court and the division is notified of the filing, the commissioner's denial, suspension, or revocation proceedings shall be stayed until the division is notified by the district court, the issuing agency, the licensee, or the applicant of the resolution of the application. Upon receipt of a court order lifting the stay or otherwise directing the commissioner to proceed, the commissioner shall continue with the intended action described in the notice.
5. If the commissioner does not receive a withdrawal of the certificate of noncompliance from the issuing agency, or a notice from a clerk of court, the issuing agency, the licensee, or the applicant that an application for hearing has been filed within thirty calendar days after the notice is issued, the commissioner shall deny the adjuster's application for license issuance, renewal, reinstatement, or reissuance; suspend a current license; or revoke a currently suspended license.
6. Upon receipt of a withdrawal of a certificate of noncompliance from the issuing agency, suspension or revocation proceedings shall halt and the named adjuster shall be notified that the proceedings have halted. If the adjuster's license has already been suspended, the adjuster must apply for reinstatement in accordance with section 522C.15, and the license shall be reinstated if the adjuster is otherwise in compliance with this chapter. If the adjuster's application for licensure was stayed, application processing shall resume. All fees required for license renewal, reinstatement, or reissuance must be paid by the adjuster, and all continuing education requirements shall be satisfied, before the adjuster's license is renewed or reinstated after a license suspension or revocation under this chapter.
7. The commissioner shall notify an adjuster in writing through regular first class mail, or such other means as the commissioner deems appropriate under the circumstances, within ten calendar days of the effective date of the suspension or revocation of the adjuster's license, and shall also notify the adjuster when the adjuster's license is reinstated following the commissioner's receipt of a withdrawal of the certificate of noncompliance.
8. Notwithstanding any provision of law to the contrary, the division may share information with the child support recovery unit or the centralized collection unit of the department of revenue for the sole purpose of identifying adjusters subject to enforcement under chapter 252J or 272D.
Cite this article: FindLaw.com - Iowa Code Title XIII. Commerce [Chs. 505-554D] § 522C.16. Suspension for failure to pay child support or state debt - last updated January 01, 2024 | https://codes.findlaw.com/ia/title-xiii-commerce-chs-505-554d/ia-code-sect-522c-16/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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