Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 12 - Child Support › Rule 501-12.1 - Issuance of Academy Council Certification

Current through Register Vol. 47, No. 3, July 24, 2024
The council shall deny the issuance of a law enforcement
				officer's certification 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 chapter 252J, this rule shall apply.
(1) The notice required by Iowa Code section
			 252J.8,
			 shall be served upon the law enforcement officer or applicant to be a law
			 enforcement officer by restricted certified mail, return receipt requested, or
			 personal service in accordance with Rules of Civil Procedure 56.1.
			 Alternatively, the law enforcement officer or applicant to be a law enforcement
			 officer may accept service personally or through authorized counsel.
(2) The effective date of the denial of the
			 issuance 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 or applicant to be a law enforcement officer
(3) The academy director is authorized to
			 prepare and serve the notice required by section 252J. 8 upon the law
			 enforcement officer or applicant to be a law enforcement officer
(4) Law enforcement officers and applicants
			 to be a law enforcement officer shall keep the council informed of all court
			 actions and all child support recovery unit actions taken under or in
			 connection with chapter 252J 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 applications,
			 certification or reinstatement must be paid by law enforcement officers or
			 applicants to be a law enforcement officer before a law enforcement officer's
			 certification will be issued or reinstated after the council has denied the
			 issuance or reinstatement of a certification pursuant to chapter
			 252J.
(6) In the event a law
			 enforcement officer or applicant to be 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 the denial of the issuance of a certification of
			 registration, 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 or applicant to be a 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 denial of the issuance of a law enforcement officer's certification, and
			 shall similarly notify the law enforcement officer or applicant to be a law
			 enforcement officer when the certification is issued following the council's
			 receipt of a withdrawal of the certificate of noncompliance.