§ 522C.16 — Suspension for failure to pay child support or state debt

Iowa § 522C.16

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 522C: LICENSING OF ADJUSTERS

Text

1. The commissioner shall deny an adjuster’s application for license issuance, renewal,
reinstatement, or reissuance; suspend a current license; or revoke a currently suspended
license, upon receipt of a certificate of noncompliance from the child support recovery
unit pursuant to chapter 252J, or upon receipt of a certificate of noncompliance from the
centralized collection unit of the department of revenue pursuant to chapter 272D.
2. Upon receipt of a certificate of noncompliance under subsection 1, the commissioner
shall issue a notice to the adjuster that the division will, unless the certificate of
noncompliance is withdrawn, deny the adjuster’s application for license issuance, renewal,
reinstatement, or reissuance, suspend the adjuster’s current license, or revoke the adjuster’s
currently suspended license, thirty calendar days after the date the notice is mailed. Notice
shall be sent to the adjuster’s last known address by restricted certified mail, return receipt
requested, or in accordance with the division’s rules for service. The notice shall contain all
of the following:
a. Astatementthatthecommissionerintendstodenytheadjuster’sapplicationforlicense
issuance, renewal, reinstatement, or reissuance; suspend the adjuster’s current license; or
revoketheadjuster’scurrentlysuspendedlicenseinthirtycalendardaysunlessthecertificate
of noncompliance is withdrawn.
b. A statement that the adjuster must contact the agency that issued the certificate of
noncompliance to request a withdrawal.
c. A statement that the adjuster does not have a right to a hearing before the division, but
that the adjuster may file an application for a hearing in district court pursuant to section
252J.9 or 272D.9, as applicable, and that the filing of an application by the adjuster will stay
the proceedings of the division.
d. A copy of the certificate of noncompliance.
3. An adjuster shall keep the commissioner informed of all actions taken by the district
court or the issuing agency in connection with a certificate of noncompliance. Within seven
calendar days of filing or issuance, an adjuster shall provide to the commissioner a copy of
17 LICENSING OF ADJUSTERS, §522C.17
all applications filed with the district court pursuant to an application or hearing, all court
orders entered in such action, and all withdrawals of a certificate of noncompliance.
4. If an applicant or licensed adjuster timely files an application for hearing in district
court and the division is notified of the filing, the commissioner’s denial, suspension, or
revocation proceedings shall be stayed until the division is notified by the district court,
the issuing agency, the licensee, or the applicant of the resolution of the application. Upon
receipt of a court order lifting the stay or otherwise directing the commissioner to proceed,
the commissioner shall continue with the intended action described in the notice.
5. If the commissioner does not receive a withdrawal of the certificate of noncompliance
from the issuing agency, or a notice from a clerk of court, the issuing agency, the licensee,
or the applicant that an application for hearing has been filed within thirty calendar days
after the notice is issued, the commissioner shall deny the adjuster’s application for license
issuance, renewal, reinstatement, or reissuance; suspend a current license; or revoke a
currently suspended license.
6. Upon receipt of a withdrawal of a certificate of noncompliance from the issuing agency,
suspension or revocation proceedings shall halt and the named adjuster shall be notified
that the proceedings have halted. If the adjuster’s license has already been suspended,
the adjuster must apply for reinstatement in accordance with section 522C.15, and the
license shall be reinstated if the adjuster is otherwise in compliance with this chapter. If
the adjuster’s application for licensure was stayed, application processing shall resume. All
fees required for license renewal, reinstatement, or reissuance must be paid by the adjuster,
and all continuing education requirements shall be satisfied, before the adjuster’s license is
renewed or reinstated after a license suspension or revocation under this chapter.
7. The commissioner shall notify an adjuster in writing through regular first class mail, or
such other means as the commissioner deems appropriate under the circumstances, within
ten calendar days of the effective date of the suspension or revocation of the adjuster’s
license, and shall also notify the adjuster when the adjuster’s license is reinstated following
the commissioner’s receipt of a withdrawal of the certificate of noncompliance.
8. Notwithstanding any provision of law to the contrary, the division may share
information with the child support recovery unit or the centralized collection unit of the
department of revenue for the sole purpose of identifying adjusters subject to enforcement
under chapter 252J or 272D.