Iowa Code 505.30 – Service of process made on the commissioner as agent or attorney for service of process — rules and fee
Current as of: 2023 | Check for updates
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1. The commissioner may adopt rules pursuant to chapter 17A setting forth procedures related to service of process made on the commissioner as agent or attorney for service of process for an individual or entity within the jurisdiction of the commissioner. The rules shall apply when the individual or entity is required by law to appoint the commissioner to serve, is required by law to consent to have the commissioner serve, is deemed by law to have appointed or to have consented to have the commissioner serve, or elects to appoint or consents to have the commissioner serve as agent or attorney for service of process.
Terms Used In Iowa Code 505.30
- Commissioner: means the commissioner of insurance. See Iowa Code 510.1B
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- division: means the insurance division. See Iowa Code 505.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Record: means the same as defined in section 554D. See Iowa Code 554E.1
- Service of process: The service of writs or summonses to the appropriate party.
2. The commissioner may collect a reasonable fee each time service of process is made on the commissioner as set forth in subsection 1 or as otherwise allowed by law. A fee collected by the commissioner under this subsection shall be used and is appropriated to the insurance division to offset the costs of the commissioner acting as agent or attorney for service of process. The party to a proceeding requesting service of process is entitled to recover the fee paid pursuant to this subsection and any rules adopted under this section as costs if the party prevails in the proceeding.
3. The commissioner shall maintain for ninety days a record of each service of process made on the commissioner pursuant to this section, including the date each service of process is made on the commissioner, the date each service of process is forwarded by mail by the commissioner to the defendant or respondent, and the date each certificate of service is submitted electronically to the court. The records may be maintained electronically.