Iowa Admin. Code r. 761-615.37

Current through Register Vol. 47, No. 6, September 18, 2024

Rule 761-615.37 - Service of notice

(1) The department shall send a notice of denial, cancellation, suspension, revocation, disqualification or bar by first-class mail to the person's mailing address as shown on departmental records.

(2) In lieu of service by mail, the notice may be delivered by a peace officer, a departmental employee, or any person over 18 years of age.

a. The person serving the notice shall prepare a certificate of personal service certifying delivery, specifying the name of the receiver, the address and the date, or certifying nondelivery.

b. The department shall pay fees for personal service of notice by a sheriff as specified in Iowa Code section 331.655. The department may also contract for personal service of notice when the department determines that it is in the best interests of the state.

(3) The denial, cancellation, suspension, revocation, disqualification or bar shall become effective on the date specified in the notice.

(4) The department may prepare an affidavit of mailing verifying the fact that a notice was mailed by first-class mail. To verify the mailing of a notice, the department may use its records in conjunction with U.S. Postal Service records available to the department. The department' s affidavit of mailing may be attested to and certified in accordance with Iowa Code section 622.1.

This rule is intended to implement Iowa Code sections 321.16, 321.211,321.211 A, 321.556,321J.9, 321J.12, and 331.655.

Iowa Admin. Code r. 761-615.37

Amended by IAB April 12, 2017/Volume XXXIX, Number 21, effective 5/17/2017