261.127 - DISTRICT COURT HEARING.
261.127 DISTRICT COURT HEARING.
1. Following the issuance of a written decision by the commission
under section 261.124, which includes the issuance of a certificate
of noncompliance, or following provision of notice to the individual
by a licensing authority pursuant to section 261.126, an individual
may seek review of the decision and request a hearing before the
district court in the individual's county of residence by filing an
application with the district court and sending a copy of the
application to the commission by regular mail. An application shall
be filed to seek review of the decision by the commission or
following issuance of notice by the licensing authority no later than
thirty days after the issuance of the notice pursuant to section
261.126. 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 commission and shall also mail a copy of the order to the
licensing authority, if applicable. The commission 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 261.126, 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 261.126. 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 261.126.
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
individual.
4. If the court finds that the commission was in error in issuing
a certificate of noncompliance, or in failing to issue a withdrawal
of a certificate of noncompliance, the commission shall issue a
withdrawal of a certificate of noncompliance to the appropriate
licensing authority. Section History: Recent Form
98 Acts, ch 1081, §7
Referred to in §261.121, 261.122, 261.124, 261.126, 272C.4