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Case No. 20-0963

J. Jesus Carreras and Los Primos Auto Sales, LLC d/b/a Los Primos Auto Sales
v.
Iowa Department of Transportation, Motor Vehicle Division

Petitioners appealed from a district court order affirming on judicial review respondent’s revocation of petitioners’ motor vehicle dealer license pursuant to Iowa Code section 322.3(12)(2019). Petitioners contended the district court erred by: (1) finding their federal conviction for structuring currency deposits constituted an offense “in connection with selling or other activity relating to motor vehicles” under section 322.3(12); (2) finding substantial evidence that the conviction was inherently fraudulent and deceptive; and (3) tolling the period of revocation while temporarily staying the revocation during the judicial review proceedings and appeal. The court of appeals affirmed the license revocation but reversed the order tolling enforcement. Petitioners seek further review.

County:
Polk

Applicants

J. Jesus Carreras and Los Primos Auto Sales, LLC d/b/a Los Primos Auto Sales

Appellee

Iowa Department of Transportation, Motor Vehicle Division

Attorneys for Applicants

Todd M. Lantz
Elisabeth A. Archer

Attorneys for Appellee

Michelle E. Rabe

Supreme Court

Oral Argument Schedule

15-15-5

Feb 22, 2022 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
20-0963
Date Published:
Jun 17, 2022
Date Amended:
Sep 06, 2022

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0963
Date Published:
Aug 04, 2021
Summary

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Heard by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (15 pages)

            Jesus Carreras appeals the judicial review of an agency decision to revoke his motor vehicle dealer license based on a federal conviction for structuring currency deposits.  He contends his conviction should not have led to revocation because it was not “in connection with selling or other activity relating to motor vehicles” under Iowa Code section 322.3(12) (2019).  OPINION HOLDS: Because the agency correctly interpreted that phrase, we affirm the revocation of Carreras’s dealer license.  But we find the district court improperly tolled enforcement of the revocation period.  Thus, we reverse the tolling order and remand with instructions to reinstate Carreras’s license five years from the date of his conviction.

Other Information

Date Further Review is Granted:
Sep 28, 2021
Date Retained:
Sep 28, 2021

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