Frequently Asked Questions
Below are some initial questions many clients have when they first contact Lombardi Law Firm. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.
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How can you get financial help after a parent paying child support dies?
Here is what you need to know when the other parent dies from an auto accident. Let me set up some general situation that I see coming up time and time again. Two people have a child, but the two adult parents never marry or even get divorced. One of the parents dies as a result of an accident. The accident could be from a motorcycle, car, truck, ATV, pedestrian or other means. The one parent is now solely responsible for the child. And they know the child will still require some sort of financial help with future expense like summer camps, piano lessons, dance lessons, soccer fees and college tuition. What should you as the surviving parent do and what can you do?
First you should hire a lawyer to pursue the personal injury claims the child has for loss of support from the now deceased parent. If the relatives of the other parent do not intend to open an estate then your personal injury lawyer will make arrangements to have an estate opened. If your child’s wrongful death claim is the most important asset then chances are you can be appointed as the administrator or executor of the estate. This gives you control over your child’s wrongful death or personal injury claim. At the conclusion of the case you the lawyer will then open a conservatorship and have you appointed to be in charge of the settlement money. This allows you to have funds set aside for all those expenses you had anticipated receiving financial help from the other parent.
Hopefully this makes sense. Call us if we can help you with your wrongful death claim.
Do I have to carry my Iowa permit to carry when I carry my handgun?
Yes. If an officer asks you to show your permit and you don’t have yours on you, you can be charged with a simple misdemeanor.
Where can I get training that will enable me to get my Iowa permit to carry?
A number of organizations provide instruction that fulfills the training requirement of the Iowa permit to carry program. These are some of them:
- Cedar Valley Firearms Training
- Hawkeye Firearms Instruction
- Learn 2 Shoot Iowa
- QCI Firearms Training
- Training Specialists
- F.I.E.R.C.E. Training
Iowa Firearms Coalition has a list of trainers as well.
I had a hearing for denial, revocation, or suspension of an Iowa permit or application for a permit, and the administrative law judge decided against me. Can I appeal that decision?
Yes. You have the right to appeal the unfavorable decision of the administrative law judge to either Polk County District Court or the district court of your own county. If you do this, you must file a petition for judicial review within thirty days of the issuance of the administrative law judge’s decision. If you have applied for a rehearing already, you must file your petition within thirty days of your rehearing application being denied or deemed denied.
In your petition, you must name the agency—the Department of Inspections and Appeals—as respondent. You also must state the agency action you are appealing from, the facts that allow you to appeal to that court, your grounds for relief, and the relief sought (rescission of the denial, suspension, or revocation of your permit).
Within thirty days of your filing the petition, the Department will transmit to the reviewing court a copy of the entire record of the case—shortened, if all parties agree to that.
There are different rules and procedures for each district court. Find out more here.
I had a hearing for denial, revocation, or suspension of an Iowa weapons permit or application for a permit, and the administrative law judge decided against me. Can I get a rehearing?
You can apply for a rehearing within twenty days after the issuance of a final decision, stating the specific grounds for a rehearing and the relief you seek (to have you denial, suspension, or revocation rescinded). Unless your application is granted within twenty days after you have filed it, it is deemed denied.
I was denied an Iowa permit to acquire or a permit to carry or my permit to acquire or permit to carry was suspended or revoked solely because of a determination by the national instant criminal background check system. Can I appeal? If so, how?
You will first have to request the reason(s) for your denial, suspension or revocation from the FBI. You can do that online here, or by faxing a request to (304) 625-0535 or mailing a request to Federal Bureau of Investigation, Criminal Justice Information Services Division, NICS Section, Appeal Services Team, Module A-1, Post Office Box 4278,Clarksburg, WV 26302-4278 . Whatever the form, you must include your full name, mailing address, and NICS Transaction Number or State Transaction Number (which you can request of your county sheriff or the commissioner of public safety).
Within five days of your request, you should have received a statement of the reasons the national instant criminal background check resulted in a denial, suspension, or revocation (for example, a record of a past conviction). The statement should indicate whether you will need to present additional documents in your appeal—for example, if they appear to have gotten you mixed up with someone with the same name as you, they likely will suggest that you provide your fingerprints.
If you want to challenge the accuracy of the record upon which the denial was based, or if you want to assert that your rights to possess a firearm have been restored, you will have to make efforts to correct the record. You should contact the Iowa Department of Public Safety, which will be able to provide the name and address of the agency that originated the document containing information that led to your denial, suspension, or revocation. Then, you can apply directly to that agency for correction of the record. If the record is corrected as a result of your efforts, you should then notify the Department of Public Safety, which will verify the correction. The Department of Public Safety should then take the necessary steps to correct the record in the NICS.
I was denied an Iowa permit to acquire or a permit to carry/My Iowa permit to acquire or permit to carry was suspended or revoked. Can I appeal? If so, how?
Yes. If your application for a permit to acquire or carry is denied, or either permit is suspended or revoked, the sheriff or commissioner will provide you a written statement of the reasons for the denial, suspension or revocation. As long as the reasons for the denial, suspension or revocation do not rest solely on the results of the national instant criminal background check system, you will be able to appeal that decision to an administrative law judge in the department of inspections and appeals. Note that you will have to do this within thirty days of receiving notice of the denial, suspension, or revocation. Contact information for the department is available here.
To file an appeal with an administrative law judge, you need to file a copy of the denial, suspension, or revocation notice with a written statement that clearly states your reasons that you think the sheriff or commissioner decided wrongly (the appeal). You should include any supporting information that you think is relevant. You must also include a fee of ten dollars. You must file these documents at Iowa Department of Inspections and Appeals, Division of Administrative Hearings, 502 East 9th Street, Des Moines, Iowa 50319, and you must serve a copy of the appeal on the sheriff or commissioner at the same time.
Within 45 days of receiving your request for appeal, the administrative law judge will set a hearing date and you will receive notice of the hearing. These hearings are usually held by telephone, but may be held by video conference at the judge’s discretion. Additionally, you or another party may request an in-person hearing as long as it is not less than five days before the scheduled hearing. In-person hearings are all held in Des Moines at the address noted above. It is also possible for one party to appear in person and the other to be appear by telephone.
No later than five days before your hearing, you need to serve on all parties and the administrative law judge copies of all exhibits you intend to introduce as evidence, and a list of witnesses you intend to have testify on your behalf. It is important to do this because you will only be allowed to introduce witnesses and present evidence that you have already given notice of. You should also be aware that the judge may not allow you to introduce all the evidence you want to.
At the hearing, the administrative law judge’s decision will rest on whether there is clear and convincing evidence that the issuing officer’s written statement of the reasons for the denial, suspension, or revocation gave probable cause to deny your application or suspend or revoke your permit. This means that the judge will determine whether there is a reasonable ground for supposing that there is a well-founded basis for the denial, suspension or revocation.
At the conclusion of the hearing, the administrative law judge will order that your denial, suspension, or revocation be either rescinded or sustained. If the judge decides against you, you can appeal, but if the judge decides in your favor, the issuing officer can appeal.
Beyond your $10 fee, the agency—the Sheriff or Commissioner—will pay the costs of your hearing.
The Department of Inspections and Appeals has provided this FAQ sheet for additional questions.
I was denied an Iowa permit to acquire or a permit to carry/My Iowa permit to acquire or permit to carry was suspended or revoked. I am confused about the appeals process. Should I get a lawyer?
It is very difficult to navigate the appeals process without a lawyer—and the further in the appeals process you go, the more difficult it is to navigate. Because a minor slipup can destroy your entire case, you should seriously consider can cost you your entire case, you should seriously consider getting a lawyer to help you in the appeals process.