272D.6 - DECISION OF THE UNIT.

        272D.6  DECISION OF THE UNIT.
         1.  If the unit mails a notice to a person pursuant to section
      272D.3, and the person requests a conference pursuant to section
      272D.4, the unit shall issue a written decision if any of the
      following conditions exist:
         a.  The person fails to appear at a scheduled conference under
      section 272D.4.
         b.  A conference is held under section 272D.4.
         c.  The obligor fails to comply with a written agreement
      entered into by the obligor and the unit under section 272D.5.
         2.  The unit shall send a copy of the written decision to the
      person by regular mail at the person'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 272D.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 liability owed.
         d.  That if the unit issues a written decision which includes
      a certificate of noncompliance, the person may request a hearing as
      provided in section 272D.9, before the district court.  The person
      may retain an attorney at the person's own expense to represent the
      person at the hearing.  The review of the district court shall be
      limited to demonstration of a mistake of fact related to the amount
      of the liability owed or the identity of the person.
         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 person.
         b.  The unit or the court finds a mistake in the amount owed.

         c.  The obligor enters into a written agreement with the unit
      to pay the liability owed, the obligor complies with an existing
      written agreement, or the obligor pays the total amount of liability
      owed.
         d.  Issuance of a withdrawal of the certificate of
      noncompliance is appropriate under other criteria in accordance with
      rules adopted by the department of revenue pursuant to chapter 17A.
      
         Section History: Recent Form
         2008 Acts, ch 1172, §12
         Referred to in § 272D.7, 272D.9