Iowa Ct. R. 34.22

An attorney who defaults on an obligation owed to or collected by the Central

Collection Unit of the Iowa Department of Revenue (CCU) may be subject to administrative

suspension of the attorney’s license to practice law in Iowa.

34.22(1) Procedure. The CCU must file any certificate of noncompliance that involves an

attorney with the office of professional regulation at 1111 E. Court Ave., Des Moines, Iowa

50319. Upon receipt of the certificate of noncompliance, the office of professional regulation

must issue a notice to the attorney. The notice will be sent to the attorney’s address on file with

the office of professional regulation. The following rules apply and must be recited in the notice:

a. The attorney’s license to practice law will be suspended unless the attorney causes the CCU

to file a withdrawal of the certificate of noncompliance within 30 days of the date of issuance of

the notice.

b. The attorney must contact the CCU to schedule a conference or to otherwise obtain a

withdrawal of the certificate of noncompliance.

c. The attorney may challenge the CCU’s issuance of the certificate of noncompliance under

this rule only by filing an application for hearing with the district court in the county where the

majority of the liability was incurred.

d. The attorney must file the application for hearing with the clerk of the district court within

30 days of the date of issuance of the notice and must provide copies of the application to the

CCU and the office of professional regulation by regular mail.

e. Filing of the application automatically stays the supreme court’s suspension based on the

certificate of noncompliance.

f. The provisions of this rule prevail over those of any other statute or rule to the extent they

may conflict.

34.22(2) District court hearing.

a. Upon receipt of an attorney’s application for hearing, the district court clerk must schedule

a hearing to be held within 30 days of the date of filing of the application. The district court

clerk must mail copies of the order setting hearing to the attorney, the CCU, and the office of

professional regulation.

b. Prior to the hearing, the district court must receive a certified copy of the CCU’s written

decision and certificate of noncompliance from the CCU and a certified copy of the notice from

the office of professional regulation.

c. If the attorney fails to appear at the scheduled hearing, the automatic stay of the supreme

court’s action on the certificate of noncompliance will be lifted.

d. The district court’s scope of review is limited to demonstration of the amount of the liability

owed or the identity of the person.

e. If the district court concludes the CCU erred in issuing the certificate of noncompliance

or in refusing to issue a withdrawal of the certificate of noncompliance, the court will order

the CCU to file a withdrawal of the certificate of noncompliance with the office of professional

regulation.

34.22(3) Noncompliance certificate withdrawn. If a withdrawal of the certificate of

noncompliance is filed, the supreme court will halt any proceedings pursuant to the certificate of

noncompliance or, if necessary, will reinstate the attorney’s license to practice law if the attorney

is otherwise eligible under supreme court rules and has paid a $100 reinstatement fee.

34.22(4) Sharing information. Notwithstanding the provisions of any other rule or statute

concerning the confidentiality of records, the office of professional regulation is authorized to

share information with the CCU for the sole purpose of allowing the CCU to identify attorneys

subject to enforcement under Iowa Code chapter 272D.

34.22(5) Denial of reinstatement for failure to comply with an obligation owed to or collected

by the Central Collection Unit of the Iowa Department of Revenue. An attorney who defaults

on an obligation owed to or collected by the Central Collection Unit of the Iowa Department of

Revenue (CCU) may be denied reinstatement of the attorney’s license to practice law in Iowa.

a. Procedure. The CCU may file with the office of professional regulation any certificate of

noncompliance that involves an attorney. Rule 34.22(1) governs the procedure, including notice

to the attorney, except that the notice must refer to a refusal to reinstate an attorney’s license to

practice law instead of a suspension of the attorney’s license.

b. District court hearing. Upon receipt of an attorney’s application for hearing, the district

court clerk must schedule a hearing to be held within 30 days of the date of filing of the

application. Rule 34.22(2) governs all matters pertaining to the hearing.

c. Noncompliance certificate withdrawn. If a withdrawal of a certificate of noncompliance is

filed, the supreme court will halt any proceedings pursuant to the certificate of noncompliance

or, if necessary, will immediately reinstate the attorney’s license to practice law if the attorney is

otherwise eligible for reinstatement.

d. Sharing information. Notwithstanding the provisions of any other rule or statute concerning

the confidentiality of records, the supreme court clerk and the office of professional regulation

are authorized to share information with the aid commission for the sole purpose of allowing the

aid commission to identify attorneys subject to enforcement under Iowa Code chapter 272D.