Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 12 - Child Support › Rule 501-12.2 - Suspension or Revocation of Academy Council Certification

Current through Register Vol. 47, No. 3, July 24, 2024
The council shall suspend or revoke a law enforcement officer's
				certification upon the receipt of a certification of noncompliance from the
				child support recovery unit of the department of human services according to
				the procedures in chapter 252J. In addition to the procedures set forth in
				chapter 252J, this rule shall apply.
(1) The notice required by section
			 252J.8
			 shall be served upon the law enforcement officer by restricted certified mail,
			 return receipt requested, or personal service in accordance with R.C.P. 56.1.
			 Alternatively, the law enforcement officer may accept service personally or
			 through authorized counsel.
(2) The
			 effective date of revocation or suspension of a law enforcement officer's
			 certification, as specified in the notice required by section
			 252J.8,
			 shall be 60 days following service of the notice upon the law enforcement
			 officer
(3) The academy director is
			 authorized to prepare and serve the notice required by section
			 252J.8
			 and is directed to notify the law enforcement officer that the officer's
			 certification will be suspended, unless the registration is already suspended
			 on other grounds. In the event a law enforcement officer's certification is on
			 suspension, the academy director shall notify the law enforcement officer of
			 the council's intention to revoke the officer's certification.
(4) Law enforcement officers shall keep the
			 council informed of all court actions and all child support recovery unit
			 actions taken under or in connection with chapter 25 2 J and shall provide the
			 council copies, within seven days of filing or issuance, of all applications
			 filed with the district court pursuant to section
			 252J.9,
			 all court orders entered in such actions, and withdrawals of certificates of
			 noncompliance by the child support recovery unit.
(5) All council fees for certification or
			 reinstatement must be paid by the law enforcement officer before an officer's
			 certification will be reinstated after the council has suspended or revoked a
			 certification pursuant to chapter 252J.
(6) In the event a law enforcement officer
			 timely files a district court action following service of a council notice
			 pursuant to sections
			 252J.8
			 and
			 252J.9,
			 the council 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 council to proceed. For purposes of determining the
			 effective date of revocation or suspension, the council 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
			 council shall notify the law enforcement officer in writing through regular
			 first-class mail, or such other means as the council deems appropriate in the
			 circumstances, within ten days of the effective date of the suspension or
			 revocation of the law enforcement officer's certification and shall similarly
			 notify the law enforcement officer when the certification is reinstated
			 following the council's receipt of a withdrawal of the certificate of
			 noncompliance.