571—15.6 (481A) Multiple offenders—revocation and suspension of hunting, fishing, and trapping privileges from those persons who are determined to be multiple offenders.
	 15.6(1) Definitions. For the purpose of this rule:
“Department” means the Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034.
“License” means any paid or free license, permit, or certificate to hunt, fish, or trap listed in Iowa Code chapters 481A, 481B, 482, 483A, 484A, 484B, and 716, including the authorization to hunt, fish, or trap pursuant to any reciprocity agreements with neighboring states.
“Licensee” means the holder of any license.
“Multiple offender” means any person who has equaled or exceeded five points for convictions in Iowa Code chapters 481A, 481B, 482, 483A, 484A, 484B, and 716 during a consecutive three-year period as provided in 15.6(3).
“Revocation” means the taking or cancellation of an existing license.
“Suspension” means to bar or exclude one from applying for or acquiring licenses for future seasons.
	 15.6(2) Record-keeping procedures. For the purpose of administering this rule it shall be the responsibility of the clerk of district court for each county to deliver, on a weekly basis, disposition reports of each charge filed under Iowa Code chapters 481A, 481B, 482, 483A, 484A, 484B, and 716 to the department. Dispositions and orders of the court of all cases filed on the chapters listed in this subrule shall be sent to the department regardless of the jurisdiction or the department of the initiating officer.
	  a.   	 License suspensions. In the event of a license suspension pursuant to Iowa Code section 481A.133, the clerk of court shall immediately notify the department.
	  b.   	 Entering information. Upon receipt of the information from the clerks of court, the department will, on a weekly basis, enter this information into a computerized system that is directly accessible by the department of public safety communications system for use by the department’s license bureau, and all state and local law enforcement officers. Direct access through the department of public safety communications system will be available as soon as practical and is dependent on the development of appropriate computer linkage by the department of public safety.
	  c.   	 Disposition report information. Information from the disposition report that will be entered into a computerized system which includes but may not be limited to the following:
County of violation, name of defendant, address of defendant, social security or driver’s license number, date of birth, race, sex, height, weight, date and time of violation, charge and Iowa Code section, officer name/C-number who filed charge, and date of conviction.
	 15.6(3) Point values assigned to convictions. For the purposes of defining a multiple offender the person shall be classified as a multiple offender when the person equals or exceeds a total of five points during a consecutive three-year period using the values attached to the following offenses. Multiple citations and convictions of the same offense will be added as separate convictions:
	  a.   	 Convictions of the following offenses shall have a point value of three attached to them:
	 (1) 	 Illegal sale of birds, game, fish, or bait.
	 (2) 	 More than the possession or bag limit for any species of game or fish.
	 (3) 	 Hunting, trapping, or fishing during the closed season.
	 (4) 	 Hunting by artificial light.
	 (5) 	 Hunting from aircraft, snowmobiles, all-terrain vehicles or motor vehicle.
	 (6) 	 Any violation involving threatened or endangered species.
	 (7) 	 Any violations of Iowa Code chapter 482 except sections 482.6 and 482.14.
	 (8) 	 Any violation of nonresident license requirements.
	 (9) 	 No fur dealer license (resident or nonresident).
	 (10) 	 Illegal taking or possession of protected nongame species.
	 (11) 	 The taking of any fish, game, or furbearing animal by illegal methods.
	 (12) 	 Illegal taking, possession, or transporting of a raptor.
	 (13) 	 Hunting, fishing, or trapping while under license suspension or revocation.
	 (14) 	 Illegal removal of fish, minnows, frogs, or other aquatic wildlife from a state fish hatchery.
	 (15) 	 Any fur dealer violations except failure to submit a timely annual report.
	 (16) 	 Any resident or nonresident making false claims to obtain a license.
	 (17) 	 Illegal taking or possession of hen pheasant.
	 (18) 	 Applying for or acquiring a license while under suspension or revocation.
	 (19) 	 For a repeat offense of acquiring a hunting license without hunter safety certification.
	 (20) 	 Taking game from the wild—see Iowa Code section 481A.61.
	 (21) 	 Violation of Iowa Code section 483A.27(7).
	 (22) 	 Any violation of Iowa Code section 716.7 while hunting deer.
	  b.   	 Convictions of the following offenses shall have a point value of two attached to them:
	 (1) 	 Hunting, fishing, or trapping on a refuge.
	 (2) 	 Illegal possession of fur, fish, or game.
	 (3) 	 Chasing wildlife from or disturbing dens.
	 (4) 	 Trapping within 200 yards of an occupied building or private drive.
	 (5) 	 Possession of undersized or oversized fish.
	 (6) 	 Snagging of game fish.
	 (7) 	 Shooting within 200 yards of occupied building or feedlot.
	 (8) 	 No valid resident license relating to deer or turkey.
	 (9) 	 Illegal importation of fur, fish, or game.
	 (10) 	 Failure to exhibit catch to an officer.
	 (11) 	 Trapping or poisoning game birds, or poisoning game animals.
	 (12) 	 Violations of Iowa Code section 481A.64 pertaining to private fish hatcheries.
	 (13) 	 Violations of the fur dealers reporting requirements.
	 (14) 	 Violation of Iowa Code section 481A.126 pertaining to taxidermy.
	 (15) 	 Loaded gun in a vehicle.
	 (16) 	 Attempting to take any fish, game, or furbearing animals by illegal methods.
	 (17) 	 Attempting to take game before or after legal shooting hours.
	 (18) 	 Wanton waste of fish, game or furbearing animals.
	 (19) 	 Illegal discharge of a firearm pursuant to Iowa Code section 481A.54.
	 (20) 	 Any violation of Iowa Code section 482.14 pertaining to commercial fishing.
	 (21) 	 Failure to tag deer or turkey.
	 (22) 	 Applying for or obtaining more than the legal number of licenses allowed for deer or turkey.
	 (23) 	 Illegal transportation of game, fish or furbearers.
	 (24) 	 Violation of Iowa Code section 483A.27, except subsection (7).
	  c.   	 All other convictions of provisions in Iowa Code chapters 481A, 481B, 482, 483A, 484A, and 484B shall have a point value of one attached to them.
	 15.6(4) Length of suspension or revocation.
	  a.   	 The term of license suspension or revocation shall be determined by the total points accumulated during any consecutive three-year period, according to the following: 5 points through 8 points is one year, 9 points through 12 points is two years, and 13 points or over is three years.
	  b.   	 Any person convicted of a violation of any provision of Iowa Code chapters 481A, 481B, 482, 483A, 484A, and 484B under the circumstances described in Iowa Code subsection 481A.135(2) shall have an additional suspension of one year. Any person convicted of a violation of any provision of Iowa Code chapters 481A, 481B, 482, 483A, 484A, and 484B under the circumstances described in Iowa Code subsection 481A.135(3) shall have an additional suspension of two years. Any person convicted of a violation of any provision of Iowa Code chapters 481A, 481B, 482, 483A, 484A, and 484B under the circumstances described in Iowa Code subsection 481A.135(4) shall have an additional suspension of three years. The foregoing provisions apply whether or not a person has been found guilty of a simple misdemeanor, serious misdemeanor or aggravated misdemeanor pursuant to Iowa Code subsections 481A.135(2), 481A.135(3) and 481A.135(4). If a magistrate suspends the privilege of a defendant to procure another license and the conviction contributes to the accumulation of a point total that requires the department to initiate a suspension, the term of suspension shall run consecutively up to a maximum of five years. After a five-year suspension, remaining time will be calculated at a concurrent rate.
	 15.6(5) Points applicable toward suspension or revocation. If a person pleads guilty or is found guilty of an offense for which points have been established by this rule but is given a suspended sentence or deferred sentence by the court as defined in Iowa Code section 907.1, the assigned points will become part of that person’s violation record and apply toward a department suspension or revocation.
	 15.6(6) Notification of intent to suspend or revoke license. If a person reaches a total of five or more points, the department shall provide written notice of intent to revoke and suspend hunting, fishing, or trapping licenses as provided in 561—7.16(17A,455A). If the person requests a hearing, it shall be conducted in accordance with 561—Chapter 7.
	 15.6(7) Dates of suspension or revocation. The suspension or revocation shall be effective upon failure of the person to request a hearing within 30 days of the notice described in 15.6(6) or upon issuance of an order affirming the department’s intent to suspend or revoke the license after the hearing. The person shall immediately surrender all licenses and shall not apply for or obtain new licenses for the full term of the suspension or revocation.
	 15.6(8) Magistrate authority. This chapter does not limit the magistrate authority as described in Iowa Code section 483A.21.
	 15.6(9) Suspension for failure to comply with a child support order. The department is required to suspend or deny all licenses of an individual upon receipt of a certificate of noncompliance with child support obligation from the Iowa child support recovery unit pursuant to Iowa Code section 252J.8(4).
	  a.   	 The receipt by the department of the certificate of noncompliance shall be conclusive evidence. Pursuant to Iowa Code section 252J.8(4), the person does not have a right to a hearing before the department to contest the denial or suspension action taken due to the department’s receipt of a certificate of noncompliance with a child support obligation but may seek a hearing in district court in accordance with Iowa Code section 252J.9.
	  b.   	 Suspensions for noncompliance with a child support obligation shall continue until the department receives a withdrawal of the certificate of noncompliance from the Iowa child support recovery unit.
	  c.   	 After the department receives a withdrawal of the certificate of noncompliance, an individual may obtain a new license upon application and the payment of all applicable fees.