ARC 8288C - Iowa Administrative Rules

Notice of Intended Action

Child support noncompliance, ch 10

Untitled document

ARC 8288C

EDUCATIONAL EXAMINERS BOARD[282]

Notice of Intended Action

Proposing rulemaking related to child support noncompliance
and providing an opportunity for public comment

The Educational Examiners Board hereby proposes to rescind Chapter 10, “Child Support Noncompliance,” Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code chapter 252J and section 256.146.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapter 252J and section 256.146.

Purpose and Summary

This proposed chapter provides procedures for licensees with child support noncompliance. The Board is proposing to remove duplicative statutory language.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on August 21, 2024. A public hearing was held on the following date(s):

●September 11, 2024

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 282—Chapter 6.

Public Comment

Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on December 2, 2024. Comments should be directed to:

Beth Myers, Attorney
Board of Educational Examiners
701 East Court Avenue, Suite A
Des Moines, Iowa 50309
Phone: 515.242.6506
Email: beth.myers@iowa.gov

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

November 20, 2024 11 a.m. to 12 noon	Board Room, Suite A 701 East Court Avenue Des Moines, Iowa
December 2, 2024 9 to 10 a.m.	Board Room, Suite A 701 East Court Avenue Des Moines, Iowa

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rulemaking action is proposed:

ITEM 1.Rescind 282—Chapter 10 and adopt the following new chapter in lieu thereof:

CHAPTER 10

CHILD SUPPORT NONCOMPLIANCE

282—10.1(256,252J) Issuance or renewal of a license—denial. The board will deny the issuance or renewal of a license upon the receipt of a certificate of noncompliance from the child support recovery unit of the department of health and human services according to the procedures in Iowa Code chapter 252J. In addition to the procedures set forth in Iowa Code chapter 252J, the following will apply:

10.1(1) The notice required by Iowa Code section 252J.8 will be served upon the applicant or licensee by restricted certified mail, return receipt requested, or personal service in accordance with Iowa Rule of Civil Procedure 1.305. Alternatively, the applicant or licensee may accept service personally or through authorized counsel.

10.1(2) The effective date of the denial of the issuance or renewal of a license, as specified in the notice required by Iowa Code section 252J.8, will be 60 days following service of the notice upon the applicant or licensee.

10.1(3) The board’s administrator is authorized to prepare and serve the notice required by Iowa Code section 252J.8 upon the applicant or licensee.

10.1(4) Applicants and licensees will keep the board informed of all court actions and all child support recovery unit actions taken under or in connection with Iowa Code chapter 252J and will provide the board 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.

10.1(5) All board fees required for application, license renewal, or license reinstatement will be paid by applicants or licensees before a license will be issued, renewed, or reinstated after the board has denied the issuance or renewal of a license pursuant to Iowa Code chapter 252J.

10.1(6) In the event an applicant or licensee files a timely district court action following service of a board notice pursuant to Iowa Code sections 252J.8 and 252J.9, the board will 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 board to proceed. For purposes of determining the effective date of the denial of the issuance or renewal of a license, the board will count the number of days before the action was filed and the number of days after the action was disposed of by the court.

10.1(7) The board will notify the applicant or licensee in writing through regular first-class mail, or such other means as the board determines to be appropriate in the circumstances, within ten days of the effective date of the denial of the issuance or renewal of a license, and will similarly notify the applicant or licensee if the license is issued or renewed following the board’s receipt of a withdrawal of the certificate of noncompliance.

282—10.2(252J) Suspension or revocation of a license. The board will suspend or revoke a license upon the receipt of a certificate of noncompliance from the child support recovery unit of the department of health and human services according to the procedures set forth in Iowa Code chapter 252J. In addition to the procedures set forth in Iowa Code chapter 252J, the following will apply:

10.2(1) The notice required by Iowa Code section 252J.8 will be served upon the licensee by restricted certified mail, return receipt requested, or personal service in accordance with Iowa Rule of Civil Procedure 1.305. Alternatively, the licensee may accept service personally or through authorized counsel.

10.2(2) The effective date of the suspension or revocation of a license, as specified in the notice required by Iowa Code section 252J.8, will be 60 days following service of the notice upon the licensee.

10.2(3) The board’s administrator is authorized to prepare and serve the notice required by Iowa Code section 252J.8 and is directed to notify the licensee that the license will be suspended unless the license is already suspended on other grounds. In the event that the license is on suspension, the administrator will notify the licensee of the board’s intention to continue the suspension.

10.2(4) The licensee will keep the board informed of all court actions and all child support recovery unit action taken under or in connection with Iowa Code chapter 252J and will provide the board 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.

10.2(5) All board fees required for license renewal or license reinstatement will be paid by licensees before a license will be reinstated after the board has suspended or revoked a license pursuant to Iowa Code chapter 252J.

10.2(6) In the event a licensee files a district court action following service of a board notice pursuant to Iowa Code sections 252J.8 and 252J.9, the board will 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 board to proceed. For purposes of determining the effective date of the suspension or revocation, the board will count the number of days before the action was filed and the number of days after the action was disposed of by the court.

10.2(7) The board will notify the licensee in writing through regular first-class mail, or such other means as the board determines appropriate in the circumstances, within ten days of the effective date of the suspension or revocation of a license, and will similarly notify the licensee if the license is reinstated following the board’s receipt of a withdrawal of the certificate of noncompliance.

282—10.3(17A,22,252J) Sharing of information. Notwithstanding any statutory confidentiality provision, the board may share information with the child support recovery unit of the department of health and human services through manual or automated means for the sole purpose of identifying applicants or licensees subject to enforcement under Iowa Code chapter 252J or 598.

These rules are intended to implement Iowa Code chapter 252J.