326.31  Filing incorrect information--effect.

Whenever the director has reason to believe that a fleet owner has filed incorrect information with the department or the department of revenue and finance, for the purpose of reducing the fleet owner's obligation for registration fees or fuel taxes, the director may cancel the apportioned registration privileges on all of the vehicles owned by such person. Any person who has such privileges canceled shall be subject to the payment of the full annual registration fee for all vehicles operated on the highways of this state for a period of at least five years thereafter. The director of revenue and finance shall co-operate with the department in ascertaining the accuracy of all reports filed pertaining to registration fees and motor fuel taxes.

Any person whose privileges are canceled may request an administrative hearing of said action before the department of inspections and appeals, and during the period pending the hearing the apportioned registration privileges shall be reinstated if the fleet owner posts security with the department of transportation in an amount sufficient to pay such full annual fees if an adverse decision is rendered at the hearing. At such hearing the fleet owner shall have the burden of proof as to the accuracy of any report filed by the fleet owner with the department of transportation or the department of revenue and finance. Judicial review of any decision reached at the administrative hearing may be sought in accordance with the terms of the Iowa administrative procedure Act.

Section History: Early form

  [C71, 73, 75, 77, 79, 81, § 326.31]

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