CHAPTER 252J CHILD SUPPORT == LICENSING SANCTIONS
252J.1 DEFINITIONS.
As used in this chapter, unless the context otherwise requires:
1. "Certificate of noncompliance" means a document provided by
the child support recovery unit certifying that the named individual
is not in compliance with any of the following:
a. A support order.
b. A written agreement for payment of support entered into by the
unit and the obligor.
c. A subpoena or warrant relating to a paternity or support
proceeding.
2. "Individual" means a parent, an obligor, or a putative father
in a paternity or support proceeding.
3. "License" means a license, certification, registration,
permit, approval, renewal, or other similar authorization issued to
an individual by a licensing authority which evidences the admission
to, or granting of authority to engage in, a profession, occupation,
business, industry, or recreation or to operate or register a motor
vehicle. "License" includes licenses for hunting, fishing, boating,
or other recreational activity.
4. "Licensee" means an individual to whom a license has been
issued, or who is seeking the issuance of a license.
5. "Licensing authority" means a county treasurer, county
recorder or designated depositary, the supreme court, or an
instrumentality, agency, board, commission, department, officer,
organization, or any other entity of the state, which has authority
within this state to suspend or revoke a license or to deny the
renewal or issuance of a license authorizing an individual to
register or operate a motor vehicle or to engage in a business,
occupation, profession, recreation, or industry.
6. "Obligor" means a natural person as defined in section 252G.1
who has been ordered by a court or administrative authority to pay
support.
7. "Subpoena or warrant" means a subpoena or warrant relating to
a paternity or support proceeding initiated or obtained by the unit
or a child support agency as defined in section 252H.2.
8. "Support" means support or support payments as defined in
section 252D.16, whether established through court or administrative
order.
9. "Support order" means an order for support issued pursuant to
chapter 232, 234, 252A, 252C, 252D, 252E, 252F, 252H, 598, 600B, or
any other applicable chapter, or under a comparable statute of a
foreign jurisdiction as registered with the clerk of the district
court or certified to the child support recovery unit.
10. "Unit" means the child support recovery unit created in
section 252B.2.
11. "Withdrawal of a certificate of noncompliance" means a
document provided by the unit certifying that the certificate of
noncompliance is withdrawn and that the licensing authority may
proceed with issuance, reinstatement, or renewal of an individual's
license.
95 Acts, ch 115, §1; 97 Acts, ch 175, §112, 113
Referred to in § 252B.5, 252B.9, 252I.1, 261.121
252J.2 PURPOSE AND USE.
1. Notwithstanding other statutory provisions to the contrary,
and if an individual has not been cited for contempt and enjoined
from engaging in the activity governed by a license pursuant to
section 598.23A, the unit may utilize the process established in this
chapter to collect support.
2. For cases in which services are provided by the unit all of
the following apply:
a. An obligor is subject to the provisions of this chapter if the
obligor's support obligation is being enforced by the unit, if the
support payments required by a support order to be paid to the clerk
of the district court or the collection services center pursuant to
section 598.22 are not paid and become delinquent in an amount equal
to the support payment for three months, and if the obligor's
situation meets other criteria specified under rules adopted by the
department pursuant to chapter 17A. The criteria specified by rule
shall include consideration of the length of time since the obligor's
last support payment and the total amount of support owed by the
obligor.
b. An individual is subject to the provisions of this chapter if
the individual has failed, after receiving appropriate notice, to
comply with a subpoena or warrant.
3. Actions initiated by the unit under this chapter shall not be
subject to contested case proceedings or further review pursuant to
chapter 17A and any resulting court hearing shall be an original
hearing before the district court.
4. Notwithstanding chapter 22, all of the following apply:
a. Information obtained by the unit under this chapter shall be
used solely for the purposes of this chapter or chapter 252B.
b. Information obtained by a licensing authority shall be used
solely for the purposes of this chapter.
95 Acts, ch 115, §2; 97 Acts, ch 175, §114
Referred to in § 252J.5, 252J.6, 252J.9
252J.3 NOTICE TO INDIVIDUAL OF POTENTIAL SANCTION OF LICENSE.
The unit shall proceed in accordance with this chapter only if the
unit sends a notice to the individual by regular mail to the last
known address of the individual. The notice shall include all of the
following:
1. The address and telephone number of the unit and the unit case
number.
2. A statement that the obligor is not in compliance with a
support order or the individual has not complied with a subpoena or
warrant.
3. A statement that the individual may request a conference with
the unit to contest the action.
4. A statement that if, within twenty days of mailing of the
notice to the individual, the individual fails to contact the unit to
schedule a conference, the unit shall issue a certificate of
noncompliance, bearing the individual's name, social security number
and unit case number, to any appropriate licensing authority,
certifying that the obligor is not in compliance with a support order
or an individual has not complied with a subpoena or warrant.
5. A statement that in order to stay the issuance of a
certificate of noncompliance the request for a conference shall be in
writing and shall be received by the unit within twenty days of
mailing of the notice to the individual.
6. The names of the licensing authorities to which the unit
intends to issue a certificate of noncompliance.
7. A statement that if the unit issues a certificate of
noncompliance to an appropriate licensing authority, the licensing
authority shall initiate proceedings to refuse to issue or renew, or
to suspend or revoke the individual's license, unless the unit
provides the licensing authority with a withdrawal of a certificate
of noncompliance.
95 Acts, ch 115, §3; 97 Acts, ch 175, §115; 2005 Acts, ch 112,
§14, 15
Referred to in § 252J.4, 252J.6, 252J.7
252J.4 CONFERENCE.
1. The individual may schedule a conference with the unit
following mailing of the notice pursuant to section 252J.3, or at any
time after service of notice of suspension, revocation, denial of
issuance, or nonrenewal of a license from a licensing authority, to
challenge the unit's actions under this chapter.
2. The request for a conference shall be made to the unit, in
writing, and, if requested after mailing of the notice pursuant to
section 252J.3, shall be received by the unit within twenty days
following mailing of the notice.
3. The unit shall notify the individual of the date, time, and
location of the conference by regular mail, with the date of the
conference to be no earlier than ten days following issuance of
notice of the conference by the unit. If the individual fails to
appear at the conference, the unit shall issue a certificate of
noncompliance.
4. Following the conference, the unit shall issue a certificate
of noncompliance unless any of the following applies:
a. The unit finds a mistake in the identity of the individual.
b. The unit finds a mistake in determining that the amount of
delinquent support is equal to or greater than three months.
c. The obligor enters a written agreement with the unit to comply
with a support order, the obligor complies with an existing written
agreement to comply with a support order, or the obligor pays the
total amount of delinquent support due.
d. Issuance of a certificate of noncompliance is not appropriate
under other criteria established in accordance with rules adopted by
the department pursuant to chapter 17A.
e. The unit finds a mistake in determining the compliance of the
individual with a subpoena or warrant.
f. The individual complies with a subpoena or warrant.
5. The unit shall grant the individual a stay of the issuance of
a certificate of noncompliance upon receiving a timely written
request for a conference, and if a certificate of noncompliance has
previously been issued, shall issue a withdrawal of a certificate of
noncompliance if the obligor enters into a written agreement with the
unit to comply with a support order or if the individual complies
with a subpoena or warrant.
6. If the individual does not timely request a conference or does
not comply with a subpoena or warrant or if the obligor does not pay
the total amount of delinquent support owed within twenty days of
mailing of the notice pursuant to section 252J.3, the unit shall
issue a certificate of noncompliance.
95 Acts, ch 115, §4; 95 Acts, ch 209, § 23; 97 Acts, ch 175, §116;
2005 Acts, ch 112, §16
Referred to in § 252J.6
252J.5 WRITTEN AGREEMENT.
1. If an obligor is subject to this chapter as established in
section 252J.2, subsection 2, paragraph "a", the obligor and the unit
may enter into a written agreement for payment of support and
compliance which takes into consideration the obligor's ability to
pay and other criteria established by rule of the department. The
written agreement shall include all of the following:
a. The method, amount, and dates of support payments by the
obligor.
b. A statement that upon breach of the written agreement by the
obligor, the unit shall issue a certificate of noncompliance to any
appropriate licensing authority.
2. A written agreement entered into pursuant to this section does
not preclude any other remedy provided by law and shall not modify or
affect an existing support order.
3. Following issuance of a certificate of noncompliance, if the
obligor enters into a written agreement with the unit, the unit shall
issue a withdrawal of the certificate of noncompliance to any
appropriate licensing authority and shall forward a copy of the
withdrawal by regular mail to the obligor.
95 Acts, ch 115, §5; 97 Acts, ch 175, §117; 2004 Acts, ch 1116,
§24
Referred to in § 252J.6
252J.6 DECISION OF THE UNIT.
1. If an obligor is not in compliance with a support order or the
individual is not in compliance with a subpoena or warrant pursuant
to section 252J.2, the unit mails a notice to the individual pursuant
to section 252J.3, and the individual requests a conference pursuant
to section 252J.4, the unit shall issue a written decision if any of
the following conditions exists:
a. The individual fails to appear at a scheduled conference under
section 252J.4.
b. A conference is held under section 252J.4.
c. The obligor fails to comply with a written agreement entered
into by the obligor and the unit under section 252J.5.
2. The unit shall send a copy of the written decision to the
individual by regular mail at the individual'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 252J.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 delinquent support owed or
the individual shall comply with a subpoena or warrant.
d. That if the unit issues a written decision which includes a
certificate of noncompliance, that all of the following apply:
(1) The individual may request a hearing as provided in section
252J.9, before the district court as follows:
(a) If the action is a result of section 252J.2, subsection 2,
paragraph "a", in the county in which the underlying support order is
filed, by filing a written application to the court challenging the
issuance of the certificate of noncompliance by the unit and sending
a copy of the application to the unit within the time period
specified in section 252J.9.
(b) If the action is a result of section 252J.2, subsection 2,
paragraph "b", and the individual is not an obligor, in the county in
which the dependent child or children reside if the child or children
reside in Iowa; in the county in which the dependent child or
children last received public assistance if the child or children
received public assistance in Iowa; or in the county in which the
individual resides if the action is the result of a request from a
child support agency in a foreign jurisdiction.
(2) The individual may retain an attorney at the individual's own
expense to represent the individual at the hearing.
(3) The scope of review of the district court shall be limited to
demonstration of a mistake of fact related to the delinquency of the
obligor or the compliance of the individual with a subpoena or
warrant.
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
individual.
b. The unit finds a mistake in determining compliance with a
subpoena or warrant.
c. The unit or the court finds a mistake in determining that the
amount of delinquent support due is equal to or greater than three
months.
d. The obligor enters a written agreement with the unit to comply
with a support order, the obligor complies with an existing written
agreement to comply with a support order, or the obligor pays the
total amount of delinquent support owed.
e. The individual complies with the subpoena or warrant.
f. Issuance of a withdrawal of the certificate of noncompliance
is appropriate under other criteria in accordance with rules adopted
by the department pursuant to chapter 17A.
95 Acts, ch 115, §6; 95 Acts, ch 209, § 24; 97 Acts, ch 175, §118;
2004 Acts, ch 1116, §25; 2005 Acts, ch 112, §17
Referred to in § 252J.7, 252J.9
252J.7 CERTIFICATE OF NONCOMPLIANCE -- CERTIFICATION TO LICENSING
AUTHORITY.
1. If the individual fails to respond to the notice of potential
license sanction provided pursuant to section 252J.3 or the unit
issues a written decision under section 252J.6 which states that the
individual is not in compliance, the unit shall issue a certificate
of noncompliance to any appropriate licensing authority.
2. The certificate of noncompliance shall contain the
individual's name and social security number.
3. The certificate of noncompliance shall require all of the
following:
a. That the licensing authority initiate procedures for the
revocation or suspension of the individual's license, or for the
denial of the issuance or renewal of a license using the licensing
authority's procedures.
b. That the licensing authority provide notice to the individual,
as provided in section 252J.8, of the intent to suspend, revoke, deny
issuance, or deny renewal of a license including the effective date
of the action. The suspension, revocation, or denial shall be
effective no sooner than thirty days following provision of notice to
the individual.
95 Acts, ch 115, §7; 97 Acts, ch 175, §119; 2004 Acts, ch 1116,
§26
252J.8 REQUIREMENTS AND PROCEDURES OF LICENSING AUTHORITY.
1. A licensing authority shall maintain records of licensees by
name, current known address, and social security number.
2. In addition to other grounds for suspension, revocation, or
denial of issuance or renewal of a license, a licensing authority
shall include in rules adopted by the licensing authority as grounds
for suspension, revocation, or denial of issuance or renewal of a
license, the receipt of a certificate of noncompliance from the unit.
3. The supreme court shall prescribe rules for admission of
persons to practice as attorneys and counselors pursuant to chapter
602, article 10, which include provisions, as specified in this
chapter, for the denial, suspension, or revocation of the admission
for failure to comply with a child support order or a subpoena or
warrant.
4. A licensing authority that is issued a certificate of
noncompliance shall initiate procedures for the suspension,
revocation, or denial of issuance or renewal of licensure to an
individual. The licensing authority shall utilize existing rules and
procedures for suspension, revocation, or denial of the issuance or
renewal of a license.
In addition, the licensing authority shall provide notice to the
individual of the licensing authority's intent to suspend, revoke, or
deny issuance or renewal of a license under this chapter. The
suspension, revocation, or denial shall be effective no sooner than
thirty days following provision of notice to the individual. The
notice shall state all of the following:
a. The licensing authority intends to suspend, revoke, or deny
issuance or renewal of an individual's license due to the receipt of
a certificate of noncompliance from the unit.
b. The individual must contact the unit to schedule a conference
or to otherwise obtain a withdrawal of a certificate of
noncompliance.
c. Unless the unit furnishes a withdrawal of a certificate of
noncompliance to the licensing authority within thirty days of the
issuance of the notice under this section, the individual's license
will be revoked, suspended, or denied.
d. If the licensing authority's rules and procedures conflict
with the additional requirements of this section, the requirements of
this section shall apply. Notwithstanding section 17A.18, the
individual does not have a right to a hearing before the licensing
authority to contest the authority's actions under this chapter but
may request a court hearing pursuant to section 252J.9 within thirty
days of the provision of notice under this section.
5. If the licensing authority receives a withdrawal of a
certificate of noncompliance from the unit, the licensing authority
shall immediately reinstate, renew, or issue a license if the
individual is otherwise in compliance with licensing requirements
established by the licensing authority.
95 Acts, ch 115, §8; 97 Acts, ch 175, §120
Referred to in § 252J.7, 252J.9, 321.218
252J.9 DISTRICT COURT HEARING.
1. Following the issuance of a written decision by the unit under
section 252J.6 which includes the issuance of a certificate of
noncompliance, or following provision of notice to the individual by
a licensing authority pursuant to section 252J.8, an individual may
seek review of the decision and request a hearing before the district
court as follows:
a. If the action is a result of section 252J.2, subsection 2,
paragraph "a", in the county in which the underlying support order is
filed, by filing an application with the district court, and sending
a copy of the application to the unit by regular mail.
b. If the action is a result of section 252J.2, subsection 2,
paragraph "b", and the individual is not an obligor, in a county in
which the dependent child or children reside if the child or children
reside in Iowa; in the county in which the dependent child or
children last received public assistance if the child or children
received public assistance in Iowa; or in the county in which the
individual resides if the action is the result of a request from a
child support agency in a foreign jurisdiction.
An application shall be filed to seek review of the decision by
the unit or following issuance of notice by the licensing authority
no later than within thirty days after the issuance of the notice
pursuant to section 252J.8. The clerk of the district court shall
schedule a hearing and mail a copy of the order scheduling the
hearing to the individual and the unit and shall also mail a copy of
the order to the licensing authority, if applicable. The unit shall
certify a copy of its written decision and certificate of
noncompliance, indicating the date of issuance, and the licensing
authority shall certify a copy of a notice issued pursuant to section
252J.8, to the court prior to the hearing.
2. The filing of an application pursuant to this section shall
automatically stay the actions of a licensing authority pursuant to
section 252J.8. The hearing on the application shall be scheduled
and held within thirty days of the filing of the application.
However, if the individual fails to appear at the scheduled hearing,
the stay shall be lifted and the licensing authority shall continue
procedures pursuant to section 252J.8.
3. The scope of review by the district court shall be limited to
demonstration of a mistake of fact relating to the delinquency of the
obligor or the noncompliance of the individual with a subpoena or
warrant. Issues related to visitation, custody, or other provisions
not related to the support provisions of a support order are not
grounds for a hearing under this chapter.
4. Support orders shall not be modified by the court in a hearing
under this chapter.
5. If the court finds that the unit was in error in issuing a
certificate of noncompliance, or in failing to issue a withdrawal of
a certificate of noncompliance, the unit shall issue a withdrawal of
a certificate of noncompliance to the appropriate licensing
authority.
95 Acts, ch 115, §9; 97 Acts, ch 175, §121
Referred to in § 252J.6, 252J.8