761—615.22 (321) Suspension for nonpayment of fine, penalty, surcharge or court costs.
	 615.22(1) Report to the department. The department shall suspend a person’s privilege to operate motor vehicles in Iowa:
	  a.   	 When the department is notified by a clerk of the district court on Form No.	431037 that the person has been convicted of violating a law regulating the operation of motor vehicles, that the person has failed to pay the fine, penalty, surcharge or court costs arising out of the conviction, and that 60 days have elapsed since the person was mailed a notice of nonpayment from the clerk of the district court, and
	  b.   	 When, in accordance with subrule 615.22(2), the person has not timely raised the defense of inability to pay, or the department determines that the person is able to pay the fine, penalty, surcharge and court costs.
	 615.22(2) Ability to pay.
	  a.   	 The department shall presume that a person is able to pay the fine, penalty, surcharge and court costs when it receives the “Notice to Suspend” copy of Form No.	431037 from the clerk of the district court.
	  b.   	 The department shall not consider inability to pay as a defense to license suspension unless the person files Form No.	431038 with the department within 45 days after the clerk of the district court mailed notice of nonpayment to the person.
	  c.   	 If the department determines that the person is unable to pay, the department shall notify the person and the clerk of the district court of that decision and shall take no further action. If the department determines that the person is able to pay, the department shall suspend the person’s privilege to operate motor vehicles in Iowa as outlined in subrule 615.22(1).
	 615.22(3) Suspension.
	  a.   	 The suspension period shall begin 30 days after the notice of suspension is served.
	  b.   	 The suspension shall continue until the department has issued a notice terminating the suspension. The department shall terminate the suspension when it receives evidence that all appropriate payments have been made.
	  c.   	 An informal settlement, hearing or appeal to contest the suspension shall be limited to a determination of whether the facts required by Iowa Code section 321.210A and this rule are true. The merits of the conviction shall not be considered.
This rule is intended to implement Iowa Code section 321.210A.