252J.6 - DECISION OF THE UNIT.
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. Section History: Recent Form
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