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272d-6
272D.6 DECISION OF THE UNIT.
1. If the unit mails a notice to a person pursuant to section
272D.3, and the person requests a conference pursuant to section
272D.4, the unit shall issue a written decision if any of the
following conditions exist:
a. The person fails to appear at a scheduled conference under
section 272D.4.
b. A conference is held under section 272D.4.
c. The obligor fails to comply with a written agreement
entered into by the obligor and the unit under section 272D.5.
2. The unit shall send a copy of the written decision to the
person by regular mail at the person's most recent address of record.
If the decision is made to issue a certificate of noncompliance or to
withdraw the certificate of noncompliance, a copy of the certificate
of noncompliance or of the withdrawal of the certificate of
noncompliance shall be attached to the written decision. The written
decision shall state all of the following:
a. That the certificate of noncompliance or withdrawal of the
certificate of noncompliance has been provided to the licensing
authorities named in the notice provided pursuant to section 272D.3.
b. That upon receipt of a certificate of noncompliance, the
licensing authority shall initiate proceedings to suspend, revoke,
deny issuance, or deny renewal of a license, unless the licensing
authority is provided with a withdrawal of a certificate of
noncompliance from the unit.
c. That in order to obtain a withdrawal of a certificate of
noncompliance from the unit, the obligor shall enter into a written
agreement with the unit, comply with an existing written agreement
with the unit, or pay the total amount of liability owed.
d. That if the unit issues a written decision which includes
a certificate of noncompliance, the person may request a hearing as
provided in section 272D.9, before the district court. The person
may retain an attorney at the person's own expense to represent the
person at the hearing. The review of the district court shall be
limited to demonstration of a mistake of fact related to the amount
of the liability owed or the identity of the person.
3. If the unit issues a certificate of noncompliance, the unit
shall only issue a withdrawal of the certificate of noncompliance if
any of the following applies:
a. The unit or the court finds a mistake in the identity of
the person.
b. The unit or the court finds a mistake in the amount owed.
c. The obligor enters into a written agreement with the unit
to pay the liability owed, the obligor complies with an existing
written agreement, or the obligor pays the total amount of liability
owed.
d. Issuance of a withdrawal of the certificate of
noncompliance is appropriate under other criteria in accordance with
rules adopted by the department of revenue pursuant to chapter 17A.
Section History: Recent Form
2008 Acts, ch 1172, §12
Referred to in § 272D.7, 272D.9
