Text: H01153 Text: H01155 Text: H01100 - H01199 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 324 as follows: 1 2 #1. Page 15, line 26, by inserting after the word 1 3 "service." the following: "The department shall adopt 1 4 rules regarding the giving of notice by first class 1 5 mail, the updating of addresses in department records, 1 6 and the development of affidavits verifying the 1 7 mailing of notices under this chapter and chapter 1 8 321J. A person's refusal to accept or a claim of 1 9 failure to receive a notice of revocation, suspension, 1 10 or bar mailed by first class mail to the person's last 1 11 known address shall not be a defense to a charge of 1 12 driving while suspended, revoked, denied, or barred." 1 13 #2. Page 16, by inserting after line 18 the 1 14 following: 1 15 "Sec. . NEW SECTION. 321.211A APPEAL OF 1 16 EXTENDED SUSPENSION OR REVOCATION. 1 17 Notwithstanding any provision of law to the 1 18 contrary, if a person was not served with notice of a 1 19 suspension or revocation under section 321.16, or 1 20 section 321J.9, subsection 4, or section 321J.12, 1 21 subsection 3, the person may appeal to the department 1 22 an extension of the period of suspension or revocation 1 23 based upon a conviction under section 321.218 or 1 24 321J.21. At the hearing on the appeal, the sole issue 1 25 shall be whether the department failed to send notice 1 26 of the underlying suspension or revocation to the 1 27 person at the address contained in the department's 1 28 records. If the department determines it failed to 1 29 send such notice, the department shall rescind the 1 30 extended suspension or revocation resulting from the 1 31 conviction and send notice of the department's 1 32 determination to the court that rendered the 1 33 conviction. Upon receipt of the notice, the court 1 34 shall enter an order exonerating the person of the 1 35 conviction, and ordering that the record of the 1 36 conviction be expunged by the clerk of the district 1 37 court." 1 38 #3. By renumbering as necessary. 1 39 1 40 1 41 1 42 TREMMEL of Wapello 1 43 1 44 1 45 1 46 HUSER of Polk 1 47 HF 324.306 79 1 48 nh/cf
Text: H01153 Text: H01155 Text: H01100 - H01199 Text: H Index Bills and Amendments: General Index Bill History: General Index
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