Iowa Administrative Code › Agency 187 - Banking Division › Chapter 19 - Mortgage Loan Originators › Rule 187-19.13 - Nonpayment of Child Support

Current through Register Vol. 47, No. 3, July 24, 2024
The superintendent shall deny the issuance or renewal of a
				mortgage loan originator license upon the receipt of a certificate of
				noncompliance from the child support recovery unit of the department of human
				services according to the procedures in Iowa Code chapter 252J. In addition to
				the procedures set forth in Iowa Code chapter 252J, this rule shall
				apply.
(1) The notice required by Iowa
			 Code section
			 252J.8
			 shall be served upon the mortgage loan originator or applicant by restricted
			 certified mail, return receipt requested, or personal service in accordance
			 with Iowa Rule of Civil Procedure 1.305. Alternatively, the mortgage loan
			 originator or applicant may accept service personally or through authorized
			 counsel.
(2) The effective date of
			 the denial of the issuance or renewal of a mortgage loan originator license, as
			 specified in the notice required by Iowa Code section
			 252J.8,
			 shall be 60 days following service of the notice upon the mortgage loan
			 originator or applicant.
(3) The
			 superintendent is authorized to prepare and serve the notice required by Iowa
			 Code section
			 252J.8
			 upon the mortgage loan originator or applicant.
(4) Mortgage loan originators and applicants
			 shall keep the superintendent informed of all court actions and all child
			 support recovery unit actions taken under or in connection with Iowa Code
			 chapter 252J and shall provide the superintendent copies, within seven days of
			 filing or issuance, of all applications filed with the district court pursuant
			 to Iowa Code section
			 252J.9,
			 all court orders entered in such actions, and withdrawals of certificates of
			 noncompliance by the child support recovery unit.
(5) All superintendent fees for application
			 or license renewal or reinstatement must be paid by mortgage loan originators
			 or applicants, and all continuing education requirements must be met before a
			 mortgage loan originator license will be issued, renewed or reinstated after
			 the superintendent has denied the issuance or renewal of a mortgage loan
			 originator license pursuant to Iowa Code chapter 252J.
(6) In the event an applicant or a mortgage
			 loan originator timely files a district court action following service of a
			 superintendent notice pursuant to Iowa Code sections
			 252J.8
			 and
			 252J.9,
			 the superintendent shall continue with the intended action described in the
			 notice upon the receipt of a court order lifting the stay, dismissing the
			 action, or otherwise directing the superintendent to proceed. For purposes of
			 determining the effective date of the denial of the issuance or renewal of a
			 mortgage loan originator license, the superintendent shall count the number of
			 days before the action was filed and the number of days after the action was
			 disposed of by the court.
(7) The
			 superintendent shall notify the mortgage loan originator or applicant in
			 writing through regular first-class mail, or such other means as the
			 superintendent deems appropriate in the circumstances, within ten days of the
			 effective date of the denial of the issuance or renewal of a mortgage loan
			 originator license, and shall similarly notify the mortgage loan originator or
			 applicant when the license is issued or renewed following the superintendent's
			 receipt of a withdrawal of the certificate of noncompliance. This rule is
			 intended to implement Iowa Code chapters 252J and 17A.