261.124 - DECISION OF THE COMMISSION.
261.124 DECISION OF THE COMMISSION.
1. The commission shall issue a written decision in regard to an
individual served with notice pursuant to section 261.121, if any of
the following occurs:
a. The individual fails to appear at a scheduled conference
under section 261.122.
b. A conference is held under section 261.122.
c. The individual fails to comply with a written agreement
entered into by the individual and the commission under section
261.123.
2. The commission shall send a copy of the written decision to
the individual by regular mail at the individual's most recent
address of record or principal place of business.
3. If the commission issues a certificate of noncompliance or
withdraws a certificate of noncompliance, a copy of the certificate
or of the withdrawal shall be attached to the written decision as
applicable.
4. The written decision shall state all of the following:
a. That a copy of 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 261.121.
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 the certificate of
noncompliance from the commission.
c. If the decision is not to withdraw a certificate of
noncompliance, that in order to obtain a withdrawal of a certificate
of noncompliance from the commission, the individual shall enter into
a written agreement with the commission, comply with an existing
written agreement with the commission, or pay the total amount of
delinquent obligation owed.
d. If the written decision includes a certificate of
noncompliance, that all of the following apply:
(1) The individual may request a hearing as provided in section
261.127, before the district court in the county of the individual's
residence, by filing a written application to the court challenging
the issuance of the certificate of noncompliance by the commission
and sending a copy of the application to the commission within the
time period specified in section 261.127.
(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
individual.
5. If the commission issues a certificate of noncompliance, the
commission shall only issue a withdrawal of the certificate of
noncompliance if any of the following applies:
a. The commission or the court finds a mistake in the
identity of the individual.
b. The commission or the court finds a mistake in determining
the amount of a delinquent obligation.
c. The individual enters into a written agreement with the
commission to comply with an obligation, the individual complies with
an existing written agreement to comply with an obligation, or the
individual pays the total amount of delinquent obligation owed.
d. Issuance of a withdrawal of the certificate of
noncompliance is appropriate under other criteria in accordance with
rules adopted by the commission pursuant to chapter 17A. Section History: Recent Form
98 Acts, ch 1081, §4
Referred to in §261.121, 261.122, 261.125, 261.127, 272C.4