CHAPTER 615
SANCTIONS
[Prior to 6/3/87, Transportation Department[820]—(07,C) Ch 6]
761—615.1(321) Definitions. The definitions in 761—600.1(321) apply to this chapter. In addition:
“Accident free” as used in Iowa Code section 321.180B means the driver has not been involved in a contributive accident. “Involvement in a motor vehicle accident” as used in Iowa Code section 321.180B means involvement in a contributive accident.
“Contributive accident” or “contributed to an accident” means the driver was involved in an accident for which there is evidence in departmental records that the driver performed an act which resulted in or contributed to the accident or failed to perform an act which would have avoided or contributed to the avoidance of the accident.
“Deny” or “denial” means a rejection of an application for a license or a refusal to issue, renew or reinstate a license.
“Moving violation,” unless otherwise provided in this chapter, means any violation of motor vehicle laws except:
	1.	Violations of equipment standards to be maintained for motor vehicles.
	2.	Parking violations as defined in Iowa Code section 321.210.
	3.	Child restraint and safety belt and harness violations under Iowa Code sections 321.445 and 321.446.
	4.	Violations of registration, weight and dimension laws.
	5.	Operating with an expired license.
	6.	Failure to appear.
	7.	Disturbing the peace with a motor vehicle.
	8.	Violations of Iowa Code section 321.20B for failure to provide proof of financial liability coverage.
“Sanction” means a license denial, cancellation, suspension, revocation, bar or disqualification.
This rule is intended to implement Iowa Code sections 321.1, 321.178, 321.180A, 321.189, 321.194, 321.210, 321.215, 321.445, 321.446 and 321.555.
[ARC 4119C, IAB 11/7/18, effective 12/12/18]
761—615.2(321) Scope. This chapter of rules applies to any license, as defined in 761—600.1(321). However:
	615.2(1) Rules specifically addressing denial, cancellation or disqualification of a commercial driver’s license are found in 761—Chapter 607, “Commercial Driver Licensing.”
	615.2(2) Rules implementing Iowa Code chapter 321J are found in 761—Chapter 620, “OWI and Implied Consent.”
	615.2(3) Rules implementing Iowa Code chapter 321A are found in 761—Chapter 640, “Financial Responsibility.”
This rule is intended to implement Iowa Code chapters 321, 321A and 321J.
761—615.3(17A) Information and address. Applications, forms and information concerning license sanctions are available at any driver’s license service center. Assistance is also available by mail from Driver and Identification Services, Iowa Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204; in person at 6310 SE Convenience Blvd., Ankeny, Iowa; by telephone at (515)244-8725; by facsimile at (515)239-1837; or on the department’s website at www.iowadot.gov.
This rule is intended to implement Iowa Code section 17A.3.
[ARC 4119C, IAB 11/7/18, effective 12/12/18]
761—615.4(321) Denial for incapability.
	615.4(1) A person who has a valid Iowa license that would otherwise be suspended for incapability shall, in lieu of a suspension, be denied further licensing if there is less than 30 days’ validity on the license.
	a. 	The denial shall be effective when the license is no longer valid.
	b. 	The license shall be surrendered to the department. The department shall issue a temporary driving permit which allows the person to drive until the effective date of the denial.
	615.4(2) If a person who is denied licensing for incapability does not have a valid Iowa license, the department may refuse orally to issue a license, effective immediately, or may deny licensing in writing, effective on the date the denial notice is served.
This rule is intended to implement Iowa Code sections 321.177 and 321.210.
761—615.5 and 615.6  Reserved.
761—615.7(321) Cancellations.
	615.7(1) The department shall cancel the license of an unmarried minor upon receipt of a written withdrawal of consent from the person who consented to the minor’s application. The department shall also cancel a minor’s license upon receipt of evidence of the death of the person who consented to the minor’s application.
	615.7(2) The department shall cancel a motorized bicycle license when the licensee is convicted of one moving violation. Reapplication may be made 30 days after the date of cancellation.
	615.7(3) The department may cancel a license when the person was not entitled or is no longer entitled to a license, failed to give correct and required information, or committed fraud in applying.
	615.7(4) A cancellation shall begin ten days after the department’s notice of cancellation is served.
This rule is intended to implement Iowa Code sections 321.184, 321.185, 321.189, 321.201 and 321.215.
761—615.8  Reserved.
761—615.9(321) Habitual offender.
	615.9(1) The department shall declare a person to be a habitual offender under Iowa Code section 321.555(1) in accordance with the following point system:
	a. 	Points shall be assigned to convictions as follows:

Conviction	Points	
Perjury or the making of a false affidavit or statement
under oath to the department of public safety	2 points	
Driving while under suspension, revocation or denial
(except Iowa Code chapter 321J)	2 points	
Driving while under Iowa Code chapter 321J revocation
or denial	3 points	
Driving while barred	4 points	
Operating a motor vehicle in violation of Iowa Code
section 321J.2	4 points	
An offense punishable as a felony under the motor
vehicle laws of Iowa or any felony in the commission
of which a motor vehicle is used	5 points	
Failure to stop and leave information or to render aid as
required by Iowa Code sections 321.261 and 321.263	5 points	
Eluding or attempting to elude a pursuing law enforcement vehicle in violation of Iowa Code section 321.279	5 points	
Serious injury by a vehicle in violation of Iowa Code
section 707.6A(4)	5 points	
Manslaughter resulting from the operation of a motor vehicle	6 points	
	b. 	Based on the points accumulated, the person shall be barred from operating a motor vehicle on the highways of this state as follows:

Points	Length of bar	
6 – 7	2 years	
8 – 9	3 years	
10 – 12	4 years	
13 – 15	5 years	
16+	6 years	
	615.9(2) A person declared to be a habitual offender under Iowa Code subsection 321.555(2) shall be barred from operating a motor vehicle on the highways of this state for one year.
	615.9(3) A person declared to be a habitual offender under Iowa Code section 321.560 shall be barred from operating a motor vehicle on the highways of this state beginning on the date the previous bar expires.
This rule is intended to implement Iowa Code sections 321.555, 321.556 and 321.560.
[ARC 4119C, IAB 11/7/18, effective 12/12/18]
761—615.10  Reserved.
761—615.11(321) Periods of suspension or revocation.
	615.11(1) Length. The department shall not suspend or revoke a person’s license for less than 30 days nor for more than one year unless a statute specifies or permits a different period of suspension or revocation.
	615.11(2) Extension of suspension or revocation. The department shall extend the period of license suspension or revocation for an additional like period or for one year, whichever period is shorter, when the person is convicted of operating a motor vehicle while the person’s license is suspended or revoked, unless a statutory exception applies. If the person’s driving record does not indicate what the original grounds for suspension or revocation were, the period of license suspension or revocation shall not exceed six months.
This rule is intended to implement Iowa Code sections 321.212 and 321.218.
[ARC 4119C, IAB 11/7/18, effective 12/12/18]
761—615.12(321) Suspension of a habitually reckless or negligent driver.
	615.12(1) The department may suspend a person’s license if the person is a habitually reckless or negligent driver of a motor vehicle. “Habitually reckless or negligent driver” means a person who has accumulated a combination of three or more contributive accidents and convictions for moving violations or three or more contributive accidents within a 12-month period.
	615.12(2) In this rule, speeding violations specified in Iowa Code section 321.210(2)“d” and violations under Iowa Code section 321.276 are not included.
	615.12(3) The suspension period shall be at least 60 days.
This rule is intended to implement Iowa Code section 321.210.
[ARC 4119C, IAB 11/7/18, effective 12/12/18]
761—615.13(321) Suspension of a habitual violator.
	615.13(1) The department may suspend a person’s license when the person is a habitual violator of the traffic laws. “Habitual violator” means that the person has been convicted of three or more moving violations committed within a 12-month period.
	615.13(2) The minimum suspension periods shall be as follows unless reduced by a driver’s license hearing officer based on mitigating circumstances:

3 convictions in 12 months	90 days	
4 convictions in 12 months	120 days	
5 convictions in 12 months	150 days	
6 convictions in 12 months	180 days	
7 or more convictions in 12 months	1 year	
	615.13(3) In this rule, speeding violations specified in Iowa Code section 321.210(2)“d” and violations under Iowa Code section 321.276 are not included.
This rule is intended to implement Iowa Code section 321.210.
[ARC 4119C, IAB 11/7/18, effective 12/12/18]
761—615.14(321) Suspension for incapability. The department may suspend a person’s license when the person is incapable of safely operating a motor vehicle.
	615.14(1) Suspension for incapability may be based on one or more of the following:
	a. 	Receipt of a medical report stating that the person is not physically or mentally capable of safely operating a motor vehicle.
	b. 	Failure of the person to appear for a required reexamination or failure to submit a required medical report within the specified time.
	c. 	Ineligibility for licensing under Iowa Code sections 321.177(4) to 321.177(7).
	615.14(2) The suspension period shall be indefinite but shall be terminated when the department receives satisfactory evidence that the licensee has been restored to capability.
	615.14(3) A person whose license has been suspended for incapability may be eligible for a special noncommercial instruction permit under rule 761—602.21(321).
This rule is intended to implement Iowa Code sections 321.177, 321.210, and 321.212.
[ARC 4119C, IAB 11/7/18, effective 12/12/18]
761—615.15(321) Suspension for unlawful use of a license.
	615.15(1) The department may suspend a person’s license when the person has been convicted of unlawful or fraudulent use of the license or if the department has received other evidence that the person has violated Iowa Code section 321.216, 321.216A or 321.216B.
	615.15(2) The suspension period shall be at least 30 days.
	615.15(3) A suspension for a violation of Iowa Code section 321.216B shall not exceed six months.
This rule is intended to implement Iowa Code sections 321.210, 321.212, 321.216, 321.216A and 321.216B.
761—615.16(321) Suspension for out-of-state offense. The department may suspend a person’s license when the department is notified by another state that the person committed an offense in that state which, if committed in Iowa, would be grounds for suspension. The notice may indicate either a conviction or a final administrative decision. The period of the suspension shall be the same as if the offense had occurred in Iowa.
This rule is intended to implement Iowa Code sections 321.205 and 321.210.
761—615.17(321) Suspension for a serious violation.
	615.17(1) The department may suspend a person’s license when the person has committed a serious violation of the motor vehicle laws.
	615.17(2) “Serious violation” means that:
	a. 	The person’s conviction for a moving violation was accompanied by a written report from the arresting officer, the prosecuting attorney or the court indicating that the violation was unusually serious. The suspension period shall be at least 60 days.
	b. 	The person was convicted of a moving violation which contributed to a fatal motor vehicle accident. The suspension period shall be at least 120 days.
	c. 	The person was convicted for speeding 25 miles per hour (mph) or more above the legal limit. The minimum suspension period shall be as follows unless reduced by a driver’s license hearing officer based on mitigating circumstances:

25 mph over the legal limit	60 days	
26 mph over the legal limit	65 days	
27 mph over the legal limit	70 days	
28 mph over the legal limit	75 days	
29 mph over the legal limit	80 days	
30 mph over the legal limit	90 days	
31 mph over the legal limit	100 days	
32 mph over the legal limit	110 days	
33 mph over the legal limit	120 days	
34 mph over the legal limit	130 days	
35 mph over the legal limit	140 days	
36 mph over the legal limit	150 days	
37 mph over the legal limit	160 days	
38 mph over the legal limit	170 days	
39 mph over the legal limit	180 days	
40 mph over the legal limit	190 days	
41 mph over the legal limit	210 days	
42 mph over the legal limit	230 days	
43 mph over the legal limit	250 days	
44 mph over the legal limit	270 days	
45 mph over the legal limit	290 days	
46 mph over the legal limit	310 days	
47 mph over the legal limit	330 days	
48 mph over the legal limit	350 days	
49 mph or more over the legal limit	one year	
	d. 	The person was convicted of violating Iowa Code section 321.372(3) or a similar ordinance of any political subdivision. The suspension period shall be:
	(1)	30 days for a first conviction.
	(2)	90 days for a second conviction.
	(3)	180 days for a third or subsequent conviction.
	e. 	The person was convicted of violating Iowa Code section 321.323A as amended by 2018 Iowa Acts, House File 2304, sections 1 to 4, or a similar ordinance of any political subdivision. The suspension period shall be:
	(1)	90 days for a violation causing property damage only to the property of another person.
	(2)	180 days for a violation causing bodily injury to another person.
	(3)	One year for a violation causing death.
This rule is intended to implement Iowa Code sections 321.210; 321.323A as amended by 2018 Iowa Acts, House File 2304, sections 1 to 4; 321.372; and 321.491.
[ARC 0250C, IAB 8/8/12, effective 9/12/12; ARC 0309C, IAB 9/5/12, effective 8/15/12; ARC 4119C, IAB 11/7/18, effective 12/12/18]
761—615.18(321) Suspension under the nonresident violator compact.
	615.18(1) The department may suspend a person’s license when a report is received from another state under the nonresident violator compact that an Iowa licensee has failed to comply with the terms of a traffic citation.
	615.18(2) The suspension shall begin 30 days after the department’s notice of suspension is served.
	615.18(3) The suspension shall continue until the department issues a notice terminating the suspension. The department shall terminate the suspension when it receives evidence of compliance with the terms of the citation.
This rule is intended to implement Iowa Code sections 321.210 and 321.513.
761—615.19(321) Suspension for a charge of vehicular homicide. In accordance with Iowa Code section 321.210D, the department shall suspend a person’s license when the department receives notice from the clerk of the district court that an indictment or information has been filed charging the person with homicide by vehicle under Iowa Code section 707.6A, subsection 1 or 2. The suspension shall begin ten days after the department’s suspension notice is issued.
This rule is intended to implement Iowa Code section 321.210D.
761—615.20(321) Suspension for moving violation during driving probation. The department may suspend the license of a person convicted of a moving violation pursuant to Iowa Code section 321.210C. The suspension period shall be equal in duration to the original period of suspension, revocation or bar, or for one year, whichever is the shorter period.
This rule is intended to implement Iowa Code section 321.210C.
[ARC 4119C, IAB 11/7/18, effective 12/12/18]
761—615.21(321) Suspension of a minor’s school license and minor’s restricted license.
	615.21(1) Suspension of a minor’s school license.
	a. 	The department may suspend a minor’s school license upon receiving notice of the licensee’s conviction for one moving violation or evidence of one or more accidents chargeable to the licensee.
	b. 	The department may also suspend a minor’s school license when the department receives written notice from a peace officer, parent, custodian or guardian, school superintendent, or superintendent’s designee that the licensee has violated the restrictions of the license.
	c. 	The suspension period under this subrule shall be at least 30 days.
	615.21(2) Suspension of a minor’s restricted license. The department may suspend a minor’s restricted license upon receiving notice of the licensee’s conviction for one moving violation. The suspension period shall be at least 30 days.
This rule is intended to implement Iowa Code sections 321.178 and 321.194.
761—615.22(321) Suspension for nonpayment of fine, penalty, surcharge or court costs.
	615.22(1) The department shall suspend a person’s privilege to operate motor vehicles in Iowa when the department is notified by a clerk of the district court 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.
	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 subrule are true. The merits of the conviction shall not be considered.
	615.22(2) Reserved.
This rule is intended to implement Iowa Code section 321.210A.
[ARC 0592C, IAB 2/6/13, effective 3/13/13; ARC 4119C, IAB 11/7/18, effective 12/12/18]
761—615.23(321) Suspensions for juveniles.
	615.23(1) Suspension for juveniles adjudicated delinquent for certain offenses.
	a. 	Pursuant to Iowa Code section 321.213A, the department shall suspend the license of a person for one year upon receipt of an adjudication and dispositional order from the clerk of the juvenile court.
	b. 	The department may issue to a person suspended under this subrule a temporary restricted license in accordance with rule 761—615.45(321) if issuance is permitted under Iowa Code section 321.215 and the person is otherwise eligible for the license. To obtain a temporary restricted license that is valid for educational purposes, the applicant must meet the requirements for issuance of a minor’s school license under Iowa Code section 321.194 and rule 761—602.26(321).
	615.23(2) Suspension for juvenile’s failure to attend school.
	a. 	The department shall suspend the driver’s license of a person under the age of 18 upon receipt of notification from the appropriate school authority that the person does not attend school.
	b. 	“School” means a public school, an accredited nonpublic school, competent private instruction in accordance with the provisions of Iowa Code chapter 299A, an alternative school or adult education classes.
	c. 	“Appropriate school authority” means the superintendent of a public school or the chief administrator of an accredited nonpublic school, an alternative school or adult education.
	d. 	The suspension shall continue until the person reaches the age of 18 or until the department receives notification from the appropriate school authority that the person is attending school.
	e. 	The department may issue to the person a minor’s restricted license in accordance with Iowa Code section 321.178 and rule 761—602.25(321) if the person is eligible for the license.
This rule is intended to implement Iowa Code sections 232.52(2), 299.1B, 321.213, 321.213A, 321.213B and 321.215.
[ARC 4119C, IAB 11/7/18, effective 12/12/18]
761—615.24(252J,261) Suspension upon receipt of a certificate of noncompliance.
	615.24(1) From child support recovery unit.
	a. 	The department shall suspend a person’s Iowa-issued driver’s license upon receipt of a certificate of noncompliance from the child support recovery unit.
	b. 	The suspension shall begin 30 days after the department’s notice of suspension is served.
	c. 	The suspension shall continue until receipt of a withdrawal of the certificate of noncompliance from the child support recovery unit.
	d. 	The filing of an application pursuant to Iowa Code section 252J.9 stays the suspension pending the outcome of the district court hearing.
	615.24(2) From college student aid commission.
	a. 	The department shall suspend a person’s Iowa-issued driver’s license upon receipt of a certificate of noncompliance from the college student aid commission.
	b. 	The suspension shall begin 30 days after the department’s notice of suspension is served.
	c. 	The suspension shall continue until receipt of a withdrawal of the certificate of noncompliance from the college student aid commission.
	d. 	The filing of an application pursuant to Iowa Code section 261.127 stays the suspension pending the outcome of the district court hearing.
	615.24(3) From department of revenue. Rescinded IAB 2/8/12, effective 3/14/12.
This rule is intended to implement Iowa Code sections 252J.1, 252J.8, 252J.9, 261.126 and 261.127.
[ARC 7902B, IAB 7/1/09, effective 8/5/09; ARC 9991B, IAB 2/8/12, effective 3/14/12]
761—615.25(321) Suspension—driver’s license indebtedness clearance pilot project. Rescinded IAB 11/8/06, effective 12/13/06.
761—615.26(321) Suspension or revocation for violation of a license restriction. The department may suspend or revoke a person’s license when the department receives satisfactory evidence of a violation of a restriction imposed on the license. The suspension or revocation period shall be at least 30 days.
This rule is intended to implement Iowa Code section 321.193.
761—615.27 and 615.28  Reserved.
761—615.29(321) Mandatory revocation.
	615.29(1) The department shall revoke a person’s license upon receipt of a record of the person’s conviction for an offense listed under Iowa Code section 321.209.
	615.29(2) The department shall revoke a person’s license under Iowa Code subsection 321.209(2) upon receipt of a record of the person’s conviction for a felony:
	a. 	Which provides specific factual findings by the court that a motor vehicle was used in the commission of the offense,
	b. 	Which is accompanied by information from the prosecuting attorney indicating that a motor vehicle was used in the commission of the crime, or
	c. 	Where the elements of the offense actually required the use of a motor vehicle.
	615.29(3) The revocation period shall be at least one year except:
	a. 	The revocation period for two convictions of reckless driving shall be at least five days and not more than 30 days.
	b. 	The revocation period for a first offense for drag racing shall be six months if the violation did not result in personal injury or property damage.
This rule is intended to implement Iowa Code sections 321.209; 321.212 as amended by 2018 Iowa Acts, House File 2502, section 96; 321.261; and 707.6A.
[ARC 4119C, IAB 11/7/18, effective 12/12/18]
761—615.30(321) Revocation for out-of-state offense. The department may revoke an Iowa resident’s license when the department is notified by another state that the person committed an offense in that state which, if committed in Iowa, would be grounds for revocation. The notice may indicate either a conviction or a final administrative decision. The period of the revocation shall be the same as if the offense had occurred in Iowa.
This rule is intended to implement Iowa Code section 321.205.
[ARC 4119C, IAB 11/7/18, effective 12/12/18]
761—615.31(321) Revocation for violation of a license restriction. Rescinded IAB 11/18/98, effective 12/23/98.
761—615.32(321) Extension of suspension or revocation period under Iowa Code chapter 321J.  Anything in rule 761—615.11(321) notwithstanding, the department shall extend the period of license suspension or revocation for an additional like period when the person is convicted of operating a motor vehicle while the person’s license is suspended or revoked under Iowa Code chapter 321J.
This rule is intended to implement Iowa Code section 321J.21.
[ARC 4119C, IAB 11/7/18, effective 12/12/18]
761—615.33(321) Revocation of a minor’s license.
	615.33(1) The department shall revoke a minor’s restricted license upon receiving a record of the minor’s conviction for two or more moving violations.
	615.33(2) The department shall revoke a minor’s school license upon receiving a record of the minor’s conviction for two or more moving violations.
This rule is intended to implement Iowa Code subsection 321.178(2) and section 321.194.
761—615.34(321J) Other revocations. Rescinded IAB 11/18/98, effective 12/23/98.
761—615.35  Reserved.
761—615.36(321) Effective date of suspension, revocation, disqualification or bar. Unless otherwise specified by statute or rule, a suspension, revocation, disqualification or bar shall begin 30 days after the department’s notice of suspension, revocation, disqualification or bar is served.
This rule is intended to implement Iowa Code sections 321.208, 321.209, 321.210, and 321.556.
761—615.37(321) Service of notice.
	615.37(1) The department shall send a notice of denial, cancellation, suspension, revocation, disqualification or bar by first-class mail to the person’s mailing address as shown on departmental records.
	615.37(2) In lieu of service by mail, the notice may be delivered by a peace officer, a departmental employee, or any person over 18 years of age.
	a. 	The person serving the notice shall prepare a certificate of personal service certifying delivery, specifying the name of the receiver, the address and the date, or certifying nondelivery.
	b. 	The department shall pay fees for personal service of notice by a sheriff as specified in Iowa Code section 331.655. The department may also contract for personal service of notice when the department determines that it is in the best interests of the state.
	615.37(3) The denial, cancellation, suspension, revocation, disqualification or bar shall become effective on the date specified in the notice.
	615.37(4) The department may prepare an affidavit of mailing verifying the fact that a notice was mailed by first-class mail. To verify the mailing of a notice, the department may use its records in conjunction with U.S. Postal Service records available to the department. The department’s affidavit of mailing may be attested to and certified in accordance with Iowa Code section 622.1.
This rule is intended to implement Iowa Code sections 321.16, 321.211, 321.211A, 321.556, 321J.9, 321J.12, and 331.655.
[ARC 3027C, IAB 4/12/17, effective 5/17/17]
761—615.38(17A,321) Hearing and appeal process.
	615.38(1) Applicability. This rule applies to:
	a. 	License denials, cancellations and suspensions under Iowa Code sections 321.177 to 321.215 and 321A.4 to 321A.11 except suspensions under Iowa Code sections 321.213A and 321.213B.
	b. 	License suspensions and revocations under Iowa Code sections 321.218 and 321J.21.
	c. 	License revocations under Iowa Code sections 321.193 and 321.205.
	d. 	Disqualifications from operating a commercial motor vehicle under Iowa Code section 321.208.
	e. 	License bars under Iowa Code section 321.556.
	615.38(2) Submission of request or appeal.
	a. 	A person subject to a sanction listed in subrule 615.38(1) may contest the action by following the provisions of 761—Chapter 13 as supplemented by this rule.
	b. 	A request for an informal settlement, a request for a contested case hearing, or an appeal of a presiding officer’s decision shall be submitted to the director of driver and identification services at the address in rule 761—615.3(17A).
	c. 	The request or appeal shall include the person’s name, date of birth, driver’s license or permit number, complete address and telephone number, and the name, address and telephone number of the person’s attorney, if any.
	615.38(3) Informal settlement or hearing.
	a. 	The person may request an informal settlement. Following an unsuccessful informal settlement procedure, or instead of that procedure, the person may request a contested case hearing.
	b. 	Notwithstanding paragraph 615.38(3)“a,” a request received from a person who has participated in a driver improvement interview on the same matter shall be deemed a request for a contested case hearing.
	c. 	A request for an informal settlement or a request for a contested case hearing shall be deemed timely submitted if it is delivered to the director of driver and identification services or postmarked within the time period specified in the department’s notice of the sanction.
	(1)	Unless a longer time period is specified in the notice or another time period is specified by statute or rule, the time period shall be 20 days after the notice is served.
	(2)	If the department fails to specify a time period in the notice, the request may be submitted at any time.
	615.38(4) Appeal. An appeal of a presiding officer’s decision shall be submitted in accordance with 761—13.7(17A).
	615.38(5) Stay of sanction.
	a. 	When the department receives a properly submitted, timely request for an informal settlement, request for a contested case hearing or appeal of a presiding officer’s proposed decision regarding a sanction listed in subrule 615.38(1), it shall, after a review of its records to determine eligibility, stay (stop) the sanction pending the outcome of the settlement, hearing or appeal unless prohibited by statute or rule or unless otherwise specified by the requester/appellant.
	(1)	If the stay is granted, the department shall issue and send to the person a notice granting the stay. The stay is effective on the date of issuance. The notice allows the person to drive while the sanction is stayed if the license is valid and no other sanction is in effect.
	(2)	A person whose stay authorizes driving privileges shall carry the notice of stay at all times while driving.
	b. 	Of the sanctions listed in subrule 615.38(1), the department shall not stay the following, and the person’s driving privileges do not continue:
	(1)	A suspension for incapability.
	(2)	A denial.
	(3)	A disqualification from operating a commercial motor vehicle.
	(4)	A suspension under Iowa Code section 321.180B.
	(5)	A suspension or revocation under Iowa Code section 321.218 or 321J.21.
This rule is intended to implement Iowa Code chapter 17A and sections 321.177 to 321.215, 321.218, 321.556, 321A.4 to 321A.11, and 321J.21.
[ARC 4119C, IAB 11/7/18, effective 12/12/18]
761—615.39(321) Surrender of license. A person whose Iowa license has been canceled, suspended, revoked or barred or who has been disqualified from operating a commercial motor vehicle shall surrender the license to the designated representative of the department on or before the effective date of the sanction.
This rule is intended to implement Iowa Code sections 321.201, 321.208, 321.212, 321.216, 321.556, and 321A.31.
761—615.40(321) License reinstatement or reissue.  The department may reinstate the license when the denial, cancellation, suspension, revocation, bar or disqualification has ended if the person has:
	615.40(1) Filed proof of financial responsibility under Iowa Code chapter 321A, when required, for all vehicles to be operated. The class of license issued will depend on the examinations passed and other qualifications of the applicant. Regardless of the class of license issued, the license shall be valid only for the operation of the motor vehicles covered under the proof of financial responsibility filed by the applicant.
	615.40(2) Paid the civil penalty when required. The civil penalty is specified in Iowa Code section 321.218A or 321A.32A.
	615.40(3) Complied with the specific instructions given in the department’s notice terminating the sanction.
	615.40(4) Successfully completed the required driver license examination.
	615.40(5) Paid the reinstatement fee when required. The reinstatement fee is specified in Iowa Code section 321.191.
	615.40(6) Paid the appropriate license fee or duplicate license fee. These fees are specified in Iowa Code sections 321.191 and 321.195.
This rule is intended to implement Iowa Code sections 321.186, 321.191, 321.195, 321.208, 321.212, 321.218A, 321A.17 and  321A.32A.
[ARC 7902B, IAB 7/1/09, effective 8/5/09; ARC 4119C, IAB 11/7/18, effective 12/12/18]
761—615.41(321) Investigation of convictions based on fraud. A person requesting investigation of fraudulent use of a person’s name or other fraudulent identification that resulted in a record of conviction for a scheduled violation under Iowa Code chapter 321 and listed in Iowa Code section 805.8A may submit a written application to the department using Form 420049. The department shall review the application and may investigate, if appropriate, as required by Iowa Code section 321.200A. Form 420049 may be obtained by contacting the Bureau of Investigation and Identity Protection, Iowa Department of Transportation, 6310 SE Convenience Blvd., Ankeny, Iowa; or on the department’s website.
This rule is intended to implement Iowa Code section 321.200A.
[ARC 2424C, IAB 3/2/16, effective 4/6/16; ARC 4119C, IAB 11/7/18, effective 12/12/18]
761—615.42(321) Remedial driver improvement action under Iowa Code section 321.180B.
	615.42(1) The department shall require remedial driver improvement action when a person holding an instruction permit, an intermediate license or a full-privilege driver’s license under Iowa Code section 321.180B is convicted of a moving violation or has a contributive accident and the violation or accident occurred during the term of the instruction permit or intermediate license.
	615.42(2) Completion of remedial driver improvement action means any or all of the following as determined by the department: suspension, safety advisory letter, additional restriction(s), vision screening, knowledge examination, and driving examination.
	615.42(3) A suspension period under this rule shall be for no less than 30 days nor longer than one year. A person whose driving privilege has been suspended under this rule is not eligible for a temporary restricted license.
	615.42(4) Remedial driver improvement action or suspension under this rule terminates when a person attains the age of 18.
This rule is intended to implement Iowa Code section 321.180B.
[ARC 7902B, IAB 7/1/09, effective 8/5/09]
761—615.43(321) Driver improvement program.
	615.43(1) When required.
	a. 	In lieu of suspension, the department may require the following persons to attend and successfully complete, at the person’s own expense, a driver improvement program approved by the department:
	(1)	A habitual violator.
	(2)	A person who is convicted for speeding at least 25 but not more than 29 miles per hour over the legal limit.
	(3)	A person whose license is subject to suspension under Iowa Code section 321.210C.
	b. 	However, a person shall not be assigned to a driver improvement program more than once within a two-year period.
	615.43(2) Scheduling. The department shall schedule attendance at a program nearest the person’s last known address.
	a. 	One request for rescheduling may be granted if the program begins within 30 days of the originally scheduled date and if space is available.
	b. 	A request to attend a program in another state may be granted if the curriculum is approved by the department.
	615.43(3) Probation. When a person is required to attend and successfully complete a driver improvement program, the department shall also require the person to complete a probationary driving period not to exceed one year. One conviction for a moving violation committed during probation may result in suspension of the person’s license. The suspension period shall be at least 90 days, unless reduced by a driver’s license hearing officer based on mitigating circumstances.
	615.43(4) Failure to attend. The department shall suspend the license of a person who is required to attend a driver improvement program and who does not attend, or does not successfully complete, the program. The suspension period shall be at least 90 days.
This rule is intended to implement Iowa Code sections 321.210 and 321.210C.
761—615.44(321) Driver improvement interview.
	615.44(1) The department may require a person whose license is subject to suspension to appear for a driver improvement interview.
	615.44(2) The department may take one or more of these remedial actions following the interview:
	a. 	Suspend the person’s license and issue a temporary driving permit which will allow the person to drive until the effective date of the suspension.
	b. 	Place the person on probation. One conviction for a moving violation committed during probation may result in suspension of the person’s license.
	c. 	Restrict the person’s license to specified vehicles, times, routes, locations, or other conditions.
	d. 	Order the person to successfully complete a driver improvement program in accordance with rule 615.43(321).
	e. 	Take no further action.
	615.44(3) The department shall suspend the license of a person who is required to appear for a driver improvement interview and fails to appear.
This rule is intended to implement Iowa Code sections 321.193 and 321.210.
761—615.45(321) Temporary restricted license (work permit).
	615.45(1) Ineligibility. The department shall not issue a temporary restricted license under Iowa Code section 321.215(1) as amended by 2018 Iowa Acts, House File 2502, section 97, to an applicant:
	a. 	Whose license has been denied or canceled.
	b. 	Whose license has been suspended for incapability.
	c. 	Whose license has been suspended for noncompliance with the financial responsibility law.
	d. 	Whose minor’s school license or minor’s restricted license has been suspended or revoked.
	e. 	Whose license has been suspended for failure to pay a fine, penalty, surcharge or court costs.
	f. 	Whose period of suspension or revocation has been extended for operating a motor vehicle while under suspension or revocation.
	g. 	Whose license has been mandatorily revoked under Iowa Code section 321.209, subsections 1 to 5 or subsection 7, or for a second or subsequent conviction for drag racing.
	h. 	Whose license has been suspended under the nonresident violator compact.
	i. 	Who is barred under Iowa Code section 321.560.
	j. 	Whose license has been suspended due to receipt of a certificate of noncompliance from the child support recovery unit.
	k. 	Whose license has been suspended due to receipt of a certificate of noncompliance from the college student aid commission.
	l. 	Whose license has been suspended for a charge of vehicular homicide.
	m. 	Who has been suspended under Iowa Code section 321.180B(3).
	615.45(2) Application.
	a. 	To obtain a temporary restricted license, an applicant shall submit a written request for an interview with a driver’s license hearing officer. The request shall be submitted to driver and identification services at the address in rule 761—615.3(17A).
	b. 	If the driver’s license hearing officer approves the issuance of a temporary restricted license, the officer shall furnish to the applicant application Form 430100, which is to be completed and submitted to driver and identification services.
	c. 	A temporary restricted license issued for employment may include permission for the licensee to transport dependent children to and from a location for child care when that activity is essential to continuation of the licensee’s employment.
	615.45(3) Statements. A person applying for a temporary restricted license shall submit all of the following statements that apply to the person’s situation. Each statement shall explain the need for the license and shall list specific places and times for the activity which can be verified by the department.
	a. 	A statement from the applicant.
	b. 	A statement from the applicant’s employer unless the applicant is self-employed including, when applicable, verification that the applicant’s use of a child care facility is essential to the applicant’s continued employment.
	c. 	A statement from the health care provider if the applicant or the applicant’s dependent requires continuing health care.
	d. 	A statement from the educational institution in which the applicant is enrolled.
	e. 	A statement from the substance abuse treatment program in which the applicant is participating.
	f. 	A copy of the court order for community service and a statement describing the assigned community service from the responsible supervisor.
	g. 	A statement from the child care provider.
	615.45(4) Additional requirements. An applicant for a temporary restricted license shall also:
	a. 	Provide a description of all motor vehicles to be operated under the temporary restricted license.
	b. 	File proof of financial responsibility under Iowa Code chapter 321A, if required, for all motor vehicles to be operated under the temporary restricted license.
	c. 	Pay the required civil penalty specified in Iowa Code section 321.218A or 321A.32A.
	615.45(5) Issuance and restrictions.
	a. 	When the application is approved and all requirements are met, the applicant shall be notified by the department to appear before a driver’s license examiner. The applicant shall pass the appropriate examination for the type of vehicle to be operated under the temporary restricted license. An Iowa resident shall also pay the reinstatement and license fees.
	b. 	The department shall determine the restrictions to be imposed by the temporary restricted license. The licensee shall apply to the department in writing with a justification for any requested change in license restrictions.
	615.45(6) Denial. An applicant who has been denied a temporary restricted license or who contests the license restrictions imposed by the department may contest the decision in accordance with rule 761—615.38(321).
This rule is intended to implement Iowa Code chapter 321A and sections 252J.8, 321.177, 321.178, 321.184, 321.185, 321.186, 321.189, 321.191, 321.193, 321.194, 321.201, 321.205, 321.209, 321.210, 321.210A, 321.212, 321.213A, 321.213B, 321.215, 321.218, 321.218A, 321.513 and 321.560.
[ARC 4119C, IAB 11/7/18, effective 12/12/18]
[Filed emergency 9/13/85—published 10/9/85, effective 9/13/85]
[Filed 11/27/85, Notice 10/9/85—published 12/18/85, effective 1/22/86]
[Filed emergency 6/20/86—published 7/16/86, effective 7/1/86]
[Filed 5/11/87, Notice 3/11/87—published 6/3/87, effective 7/8/87]
[Filed 1/20/88, Notice 12/2/87—published 2/10/88, effective 3/16/88]◊
[Filed emergency 5/16/88—published 6/15/88, effective 5/16/88]
[Filed 11/3/88, Notice 9/21/88—published 11/30/88, effective 1/4/89]
[Filed 9/21/89, Notice 7/26/89—published 10/18/89, effective 11/22/89]
[Filed emergency 11/30/89—published 12/27/89, effective 12/1/89]
[Filed 12/18/91, Notice 11/13/91—published 1/8/92, effective 2/12/92]
[Filed 11/4/93, Notice 9/29/93—published 11/24/93, effective 12/29/93]
[Filed 1/11/95, Notice 11/23/94—published 2/1/95, effective 3/8/95]
[Filed 11/1/95, Notice 9/27/95—published 11/22/95, effective 12/27/95]
[Filed 10/30/96, Notice 9/25/96—published 11/20/96, effective 12/25/96]
[Filed 1/21/98, Notice 12/17/97—published 2/11/98, effective 3/18/98]
[Filed 10/28/98, Notice 9/23/98—published 11/18/98, effective 12/23/98]
[Filed 4/8/99, Notice 2/10/99—published 5/5/99, effective 7/1/99]
[Filed 2/15/02, Notice 12/26/01—published 3/20/02, effective 4/24/02]
[Filed 6/19/02, Notice 4/17/02—published 7/10/02, effective 8/14/02]
[Filed 10/11/06, Notice 8/30/06—published 11/8/06, effective 12/13/06]
[Filed ARC 7902B (Notice ARC 7721B, IAB 4/22/09), IAB 7/1/09, effective 8/5/09]
[Filed ARC 9991B (Notice ARC 9874B, IAB 11/30/11), IAB 2/8/12, effective 3/14/12]
[Filed ARC 0250C (Notice ARC 0158C, IAB 6/13/12), IAB 8/8/12, effective 9/12/12]
[Filed Emergency After Notice ARC 0309C (Notice ARC 0158C, IAB 6/13/12), IAB 9/5/12, effective 8/15/12]
[Filed ARC 0592C (Notice ARC 0438C, IAB 11/14/12), IAB 2/6/13, effective 3/13/13]
[Filed ARC 2424C (Notice ARC 2344C, IAB 1/6/16), IAB 3/2/16, effective 4/6/16]
[Filed ARC 3027C (Notice ARC 2921C, IAB 2/1/17), IAB 4/12/17, effective 5/17/17]
[Filed ARC 4119C (Notice ARC 3967C, IAB 8/29/18), IAB 11/7/18, effective 12/12/18]
◊	Two or more ARCs