272D.9 - DISTRICT COURT HEARING.
272D.9 DISTRICT COURT HEARING.
1. Following the issuance of a written decision by the unit under
section 272D.6 which includes the issuance of a certificate of
noncompliance, or following provision of notice to the person by a
licensing authority pursuant to section 272D.8, a person may seek
review of the decision and request a hearing before the district
court by filing an application with the district court in the county
where the majority of the liability was incurred, and sending a copy
of the application to the unit by regular mail.
2. 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 272D.8. The clerk of the district court
shall schedule a hearing and mail a copy of the order scheduling the
hearing to the person 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
272D.8, to the court prior to the hearing.
3. The filing of an application pursuant to this section shall
automatically stay the actions of a licensing authority pursuant to
section 272D.8. The hearing on the application shall be scheduled
and held within thirty days of the filing of the application.
However, if the person fails to appear at the scheduled hearing, the
stay shall be lifted and the licensing authority shall continue
procedures pursuant to section 272D.8.
4. The scope of review by the district court shall be limited to
demonstration of the amount of the liability owed or the identity of
the person.
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. Section History: Recent Form
2008 Acts, ch 1172, §15
Referred to in § 272D.6, 272D.8