CHAPTER 15GENERAL LICENSE REGULATIONS[Prior to 12/31/86, see Conservation Commission Chs 17, 66, 67, and 75]57115.1(483A) Scope. The purposes of this chapter are to provide rules for license fees, sales, refunds and administration; implement the wildlife violator compact and penalties for multiple offenses; administer special licenses available for hunting and fishing; and describe and implement certification and education programs of the department of natural resources.Related ARC(s): 7852B, 4072CDIVISION ILICENSE SALES, REFUNDS AND ADMINISTRATION57115.2(483A) Definitions. For the purposes of this division, the following definitions shall apply:
"Administration fee" means the fee collected by the department to pay a portion of the cost of administering the sale of licenses through electronic means.
"Department" means the department of natural resources.
"Director" means the director of the department of natural resources.
"Immediate family member" means the spouse, a domestic partner, and all minor children of the licensee or person seeking a license.
"License" means any license or privilege issued by the department to an individual for hunting or fishing in the state of Iowa. Multiple types of licenses are described in these rules.
"License agent" means an individual, business, or governmental agency authorized to sell a license.
"Licensee" means the person who applies for and receives a license under these rules from the department.
"Nonresident" means a person who is not a resident as that term is defined in this rule.
"Principal and primary residence or domicile" means the one and only place where a person has a true, fixed, and permanent home, and to where, whenever the person is briefly and temporarily absent, the person intends to return. Relevant factors used to determine a person’s principal and primary residence or domicile include the following:
- Proof of place of employment, which must include the address of the person’s place of employment or business, including the area or region where a majority of the person’s work is performed.
- Physical address, which shall be the person’s 911 address(es) or the address of an immediate family member. A post office box or a forwarded address shall not be accepted by the department to verify the person’s principal and primary residence or domicile.
- Utility records, which must include the person’s name and be associated with the physical address provided for as the person’s principal and primary residence or domicile. The types of records that may be submitted include rental and lease documents and telephone, cellular phone, electricity, water, sewer, cable or satellite television, and any other utility records.
- Real estate records, which include legal documents showing ownership or leasehold interests of any and all real estate related to the physical address used by the department to verify the person’s principal and primary residence or domicile. These records should also provide the time period of such ownership or rental.
- Vehicle registration(s) for any vehicles owned or leased by the person and immediate family members.
- Portion of federal, state or local income tax returns filed during the relevant time period showing the address provided on those forms by the person.
- Documentation of homestead tax exemption allowed to the person or immediate family member(s) for all states in which such exemption is allowed.
- Documentation of any coinhabitants, other than the person’s immediate family members, who use the same principal and primary residence or domicile.
"Resident" means a natural person who meets any of the following criteria during each year in which the person claims status as a resident:
- Has physically resided in this state at the person’s principal and primary residence or domicile for a period of not less than 90 consecutive days immediately before applying for or purchasing a resident license, tag, or permit under this chapter and has been issued an Iowa driver’s license or an Iowa nonoperator’s identification card. A person is not considered a resident under this rule if the person is residing in the state only for a special or temporary purpose including but not limited to engaging in hunting, fishing, or trapping.
- Is a full-time student at either of the following:
- An accredited educational institution located in this state if the person resides in this state while attending the educational institution.
- An accredited educational institution located outside of this state, if the person is under the age of 25 and normally resides with at least one parent or legal guardian who maintains a principal and primary residence or domicile in this state.
- Is a student who qualifies as a resident pursuant to paragraph “2,” second bulleted paragraph, only for the purpose of purchasing any resident license specified in Iowa Code section 483A.1 or 484A.2.
- Is a resident under 18 years of age whose parent is a resident of this state.
- Is a member of the armed forces of the United States who is serving on active duty, claims residency in this state, and has filed a state individual income tax return as a resident pursuant to Iowa Code chapter 422, division II, for the preceding tax year, or is stationed in this state.
"Retail" means the sale of goods or commodities to the ultimate consumer, as opposed to the sale of goods or commodities for further distribution or processing.
"Wholesale" means the sale of goods or commodities for resale by a retailer, as opposed to the sale of goods or commodities to the ultimate consumer.Related ARC(s): 7852B, 9004B57115.3(483A) Form of licenses. Every license shall contain a general description of the licensee. At the time of application, the applicant for a license must provide the applicant’s date of birth and either a social security number or a valid Iowa driver’s license number. The license shall be signed by the applicant and shall clearly indicate the privilege granted.Related ARC(s): 7852B57115.4(483A) Administration fee. An administration fee of $1.50 per privilege purchased shall be collected from the purchaser at the time of purchase, except upon the issuance of free landowner deer and turkey hunting licenses, free annual hunting and fishing licenses, free annual fishing licenses, free group home fishing licenses, and boat registrations, renewals, transfers, and duplicates. An administrative fee of $3.65 will be collected from the purchaser at the time of boat registration, renewal, transfer, and duplicate purchases.Related ARC(s): 7852B, 8104B, 8465B57115.5(483A) Electronic license sales. 15.5(1) Designation as license agent. The director may designate a retail business establishment, an office of a governmental entity, or a nonprofit corporation as an agent of electronically issued licenses in accordance with the provisions of this rule. The provisions of 571—15.6(483A) shall not apply to a license agent engaging in, or applying to engage in, the electronic sale and issuance of licenses. 15.5(2) Application. Application forms to sell electronically issued licenses may be secured by a written or in-person request to the Licensing Section, Department of Natural Resources, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319-0034. The following information must be provided on the application form: a. The legal name, address, and telephone number of the entity applying for designation; b. The hours open for business and general service to the public; c. A brief statement of the nature of the business or service provided by the applicant; d. Type of Internet connection (dial up or high speed) used for accessing the electronic licensing system; and e. A signature by an owner, partner, authorized corporate official, or public official of the entity applying for designation. 15.5(3) Application review. a. The director shall approve or deny the application to sell electronically issued licenses based upon the following criteria: (1) The need for a license agent in the area; (2) The hours open for business or general service to the public; (3) The potential volume of license sales; (4) The apparent financial stability and longevity of the applicant; (5) The number of point-of-sale (POS) terminals available to the department; and (6) Type of Internet connection (dial up or high speed) used for accessing the electronic licensing system. b. If necessary, the department may utilize a waiting list for license agent designation. The order of priority for the waiting list will be determined by the time of submittal of a complete and correct application and receipt of the required security deposit, as outlined in the application. 15.5(4) Issuance of electronic licensing equipment. Upon the director’s approval of an application under this rule and designation of a license agent for electronic license sales, the equipment necessary to conduct such sales will be issued to the license agent by the department subject to the following terms and conditions: a. Prior to the issuance of the electronic licensing equipment, the approved license agent shall furnish to the department an equipment security deposit in an amount to be determined by the department. b. Prior to the issuance of the electronic licensing equipment, the approved license agent shall enter into an electronic license sales agreement with the department which sets forth the terms and conditions of such sales, including the authorized amounts to be retained by the license agent. c. Prior to the issuance of the electronic licensing equipment, the approved license agent shall furnish to the department a signed authorization agreement for electronic funds transfer pursuant to subrule 15.5(5). d. Electronic licensing equipment and supplies must be stored in a manner to provide protection from damage, theft, and unauthorized access. Any damage to or loss of equipment or loss of moneys derived from license sales is the responsibility of the license agent. e. Upon termination of the agreement by either party, all equipment and supplies, as outlined in the agreement, must be returned to the department. Failure to return equipment and supplies in a usable condition, excluding normal wear and tear, will result in the forfeiture of deposit in addition to any other remedies available to the department by law. 15.5(5) License fees. All moneys received from the sale of licenses, less and except the agreed-upon service fee, must be immediately deposited and held in trust for the department. a. All license agents must furnish to the department a signed authorization agreement for electronic funds transfer authorizing access by the department to a bank account for electronic transfer of license fees received by the license agent. b. The amount of money due for accumulated sales will be drawn electronically by the department on a weekly basis. The license agent shall be given notice of the amount to be withdrawn at least two business days before the actual transfer of funds occurs. The license agent is responsible for ensuring that enough money is in the account to cover the amount due. c. License agents may accept or decline payment in any manner other than cash, such as personal checks or credit cards, at their discretion. Checks or credit payments must be made payable to the license agent, not to the department. The license agent shall be responsible for ensuring that the license fee is deposited in the electronic transfer account, regardless of the payment or nonpayment status of any check accepted by the license agent. 15.5(6) Upon the termination of the electronic license sales agreement pursuant to subrule 15.5(7) or 15.5(8), the department may disconnect or otherwise block the license agent’s access to the electronic licensing system. 15.5(7) Equipment shut down and termination. The department reserves the right to disconnect the license agent’s access to the electronic licensing system or terminate the license agent’s electronic license sales agreement for cause. Cause shall include, but is not limited to, the following: a. Failing to deposit license fees into the electronic transfer account in a sum sufficient to cover the amount due for accumulated sales; b. Charging or collecting any fees in excess of those authorized by law; c. Discriminating in the sale of a license in violation of state or federal law; d. Knowingly making a false entry concerning any license sold or knowingly issuing a license to a person who is not eligible for the license issued; e. Using license sale proceeds, other than the service fee, for personal or business purposes; f. Disconnecting or blocking access to the electronic licensing system for a period of 30 days or more; or g. Violating any of these rules or the terms of the electronic license sales agreement. Repeated violations of these rules may result in termination of the license agent’s electronic license sales agreement. 15.5(8) Voluntary termination. A license agent may terminate its designation and the electronic license sales agreement at its discretion by providing written notice to the department. Voluntary termination shall become effective 30 days after the department’s receipt of notice.Related ARC(s): 7852B57115.6(483A) Paper license sales. Paper licenses shall be sold only in the event that the electronic licensing system is no longer available. 15.6(1) Depositary designation. The director may designate a retail business establishment, an office of a governmental entity, or a nonprofit corporation as a depositary for the sale of hunting and fishing licenses in accordance with the provisions of this rule. 15.6(2) Application. a. An application form to act as a depositary may be secured by a written or in-person request to the Licensing Section, Department of Natural Resources, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319-0034. Requests for an application form may be made through department field staff or field officers. The applicant must provide the following information on the form: (1) The name of the retail business establishment, governmental entity, or nonprofit corporation, and location(s) and telephone numbers. (2) A general description of the type of retail business establishment, governmental entity, or nonprofit corporation. (3) The form of ownership if a retail business establishment. If a partnership, the full names and addresses of all partners must be provided. If a corporation, the date and state of incorporation must be provided. (4) If a governmental entity, the name and title of the responsible official. (5) If a nonprofit corporation, the date and state of incorporation. (6) The hours and days open to the public. (7) The contact information of the person signing the application. (8) The name, address, and telephone number of three credit references, including the bank used by the retail business establishment, governmental entity, or nonprofit corporation. b. The application form contains a statement by which the applicant agrees to the terms and conditions as set forth in this rule. The application form must be signed by the owner if a sole proprietorship; by a partner if a partnership; by an authorized corporate official if a corporation; or by the elected or appointed official administratively in charge of the governmental entity. The signature must be attested to by a notary public. 15.6(3) Security. The applicant under this rule must provide security, either a surety bond from an association or corporation whose business is assuring the fidelity of others and which has the authority by law to do business in this state, a collateral assignment of a certificate of deposit, or a letter of credit. a. Condition of security. A surety bond required by this rule shall generally provide that the applicant render a true account of and turn over all moneys, license blanks, and duplicates when requested to do so by the director or an authorized representative and that the applicant comply with all applicable provisions of the application, the Iowa Administrative Code, and the Iowa Code. b. Amount of security. All forms of security required by this rule shall be in the amount of $5,000 each or a larger amount as jointly agreed to by the department and the depositary. c. Term of bond. The bond required by this rule shall run continuously from the date the application is approved. d. Termination of bond. The surety or principal may terminate the bond at any time by sending written notice by certified mail, return receipt requested, to the Director, Department of Natural Resources, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319-0034. The termination shall become effective 30 days after the receipt of the notice by the director. e. Collateral assignment of a certificate of deposit and letters of credit. Collateral assignments of certificates of deposit and letters of credit shall be subject to the following terms and conditions: (1) Certificates of deposit shall be assigned, in writing, to the department, and the assignment shall be recorded on the books of the bank issuing the certificate. (2) Banks issuing these certificates shall waive all rights of setoff or liens which they have or might have against these certificates. (3) Certificates of deposit shall be automatically renewed unless the director approves, in writing, release of the funds. Letters of credit shall be without reservation and shall remain in effect continuously, or as otherwise agreed to by the director. (4) The director will release the certificates of deposit or approve the cancellation of a letter of credit upon termination of a license agent agreement if all licenses and moneys have been accounted for satisfactorily or if the depositary provides a satisfactory surety bond in lieu thereof. 15.6(4) Multiple establishment locations. An application and security may be submitted for retail business establishments with multiple locations. For purposes of reporting and for determining the amount of the security, each application will be considered on a case-by-case basis and as mutually agreed upon by the depositary and the director. 15.6(5) Approval of application and security. The director will approve the application upon the receipt of a satisfactory bond, collateral assignment of deposit, or letter of credit and a determination that the credit references are satisfactory. However, the director reserves the right not to approve any application received from a party whose depositary agreement has previously been terminated by the department for cause. Upon approval by the director, the department will provide the depositary with license blanks, reporting forms, and instructions. 15.6(6) Depositary reporting standards. All depositaries shall comply with the following reporting standards: a. Monthly reports. A full and complete monthly sales report, including duplicate copies of the licenses sold and a check or other monetary instrument in the amount due, shall be remitted to the department the following month on a prescheduled due date. A depositary that does not provide the monthly report to the department within 10 days after the due date shall be considered seriously delinquent. However, if the depositary’s office or business is operated on a seasonal basis, a monthly report is not required for any month that the office or business is not open to the public. b. Annual report. An annual report for all sales for the calendar year and all unused license blanks for the year shall be remitted to the department by January 31 of each year. A depositary will be considered seriously delinquent if the annual report is not received by February 15. An annual report shall also be submitted at the time a depositary agreement is terminated for any reason during the calendar year. This report must be received within 15 days after the director issues or, in the case of a voluntary termination, receives the notice of termination. 15.6(7) Accountability. The depositary shall be fully accountable to the state for all proceeds collected from the sale of licenses. This accountability shall not be diminished by reason of bankruptcy, fire loss, theft loss, or other similar reason. 15.6(8) Probation. a. A depositary shall be placed on probation under any of the following circumstances: (1) The depositary is seriously delinquent for the second time during any consecutive six-month period. (2) The depositary fails to correct a serious delinquency within ten days. (3) A check is returned by the bank due to insufficient funds. b. Notice of probation shall be sent to the depositary by certified mail, return receipt requested. c. The probation will be automatically canceled after six months of satisfactory performance by the depositary. 15.6(9) Termination of depositary agreement. A depositary may terminate the agreement at any time by notifying the director by certified mail, return receipt requested. The termination shall be effective 30 days after the receipt of the notice by the director and after the depositary has fully accounted for all moneys and unused license blanks. The director may terminate the depositary agreement and require an immediate and full accounting of all moneys and unused license blanks under any of the following circumstances: a. The occurrence of a third serious delinquency during any consecutive six-month period. b. When an insufficient funds check is received by the department, not correcting the deficiency within 10 days after proper notice by the director. c. Failing to correct a serious delinquency within 15 calendar days. d. Knowingly placing a date, other than the correct date, on any license. e. Knowingly selling a resident license to a nonresident or selling a license to a person not qualified for such license. f. Charging more than the statutory writing fee. g. Refusing to sell a license to any individual by reason of creed, sexual orientation, gender identity, religion, pregnancy or public accommodation. h. Canceling a bond, certificate of deposit, or letter of credit or allowing one to expire. i. Failing to make a full and complete monthly sales report and monthly remittance. j. Knowingly making a false entry on any license being sold or knowingly issuing any license to a person to whom issuance of that license is improper. 15.6(10) Forms available from the department. Copies of the forms required for application, bond, monthly reports, and collateral as assignment may be obtained by written or in-person request to the Licensing Section, Department of Natural Resources, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319-0034.Related ARC(s): 7852B57115.7(483A) Lost or destroyed license blanks. 15.7(1) Accountability for license blanks. Whenever a depositary or county recorder requests to be relieved from accountability for license blanks that have been lost or destroyed, the depositary or county recorder (recorder) shall file a bond for the face value of such lost or destroyed license blanks and provide an explanation to the director. 15.7(2) Explanation. a. The depositary or recorder shall submit a written statement in the form of an affidavit regarding the facts and circumstances surrounding the alleged loss or destruction. Pictures, drawings, or other pertinent information may be attached and referenced in the statement. The loss or destruction must relate to one or a combination of the following reasons: (1) Loss or destruction by fire. (2) Loss from theft. (3) Loss while in transit. (4) Loss from natural causes, including but not limited to floods, tornadoes, and severe storms. (5) Loss or accidental destruction during the course of normal business operations or facility maintenance and repair. b. The statement must also include a specific description of the precautions and procedures normally utilized by the recorder or depositary to prevent or to guard against the loss or destruction described, and a further statement as to why the precautions or procedures failed in this particular instance. c. The director shall consider the written explanation as provided. The director shall also consider the past record of the depositary or recorder regarding losses and destructions and the past record of the depositary or recorder regarding prompt and accurate reporting. The director may direct department staff to further investigate the circumstances and facts. (1) If the director determines that the depositary or recorder exercised reasonable and prudent care, the director shall relieve the depositary or recorder of accountability upon the filing of a bond. (2) If the director determines that there was gross negligence by the depositary or recorder and holds the depositary or recorder accountable, the depositary or recorder may file a request for a contested case proceeding as provided in 571—Chapter 7 of the Iowa Administrative Code. 15.7(3) Bond. The depositary or recorder shall provide a bond in the amount of the face value of the lost or destroyed licenses. The bond shall be on a bond form provided by the department. The bond shall be conditioned to the effect that the depositary or recorder agrees to surrender the subject licenses to the department in the event that they are located at any future time; or in the event of proof showing that any or all of the subject licenses have been issued, the depositary, recorder, or sureties jointly and severally agree to pay the state the face value of all licenses covered by the bond. a. For a face amount of $500 or less, the personal bond of the depositary or recorder is sufficient. One additional personal surety is required for a face amount up to $1,000; and two personal sureties, in addition to the depositary or recorder, are required if the face amount is more than $1,000. b. A corporate surety authorized to do business in Iowa may be provided in lieu of the personal sureties required, in addition to the depositary or recorder. c. The value assigned to a lost or destroyed blank license form shall be $25. This amount will be paid by the depositary to the department, except as relief from such payment is provided according to this rule.Related ARC(s): 7852B57115.8(483A) Refund or change requests for special deer and turkey hunting licenses and general licenses. 15.8(1) Invalid applications. Deer and turkey hunting license applications that are received after the closing date for acceptance of applications and applications that are invalid on their face will be returned unopened to the applicant. Any license fee related to an application determined invalid by a computer analysis or other analysis after the application has been processed will be refunded to the applicant, less a $10 invalid application fee to compensate for the additional processing cost related to an invalid application. 15.8(2) Death of licensee. The fee for a deer or turkey hunting license will be refunded to the licensee’s estate when the licensee’s death predates the season for which the license was issued and a written request from the licensee’s spouse, executor or estate administrator is received by the department within 90 days of the last date of the season for which the license was issued. 15.8(3) National or state emergency. The fee for a deer or turkey hunting license will be refunded if the licensee is a member of the National Guard or a reserve unit and is activated for a national or state emergency which occurs during the season for which the license was issued. A written refund request must be received by the department within 90 days of the last date of the season for which the license was issued. 15.8(4) License changes. The department will attempt to change an applicant’s choice of season or type of license if a written or telephonic request is received by the licensing section in sufficient time (usually 20 days) before the license is printed and if the requested change does not result in disadvantage to another applicant. A change request made by telephone must be verified in writing by the requester before the change request will be honored. The department’s ability to accommodate requests to change the season or license type is dependent on workload and processing considerations. If the department cannot accommodate a request to change a season or license type, the license will be issued as originally requested by the applicant. No refund will be allowed. The department will not change the name on the license from that submitted on the application. 15.8(5) Duplicate purchases of general hunting and fishing licenses. Upon a showing of sufficient documentation (usually a photocopy of the licenses) that more than one hunting or fishing license was purchased by or for a single person, the department will refund the amount related to the duplicate purchase. A written request for refund, with supporting documentation, must be received by the licensing section within 90 days of the date on the face of the duplicate licenses. 15.8(6) Other refund requests. Except as previously described in this rule, the department will not issue refunds for any licenses as defined in 571—15.2(483A).Related ARC(s): 7852B57115.9(483A) Proof of residency required. The department shall have the authority to require persons applying for or who have received resident licenses to provide additional information to determine the person’s principal and primary residence or domicile and residency status. Whether a person was issued resident or nonresident licenses by the department in previous years shall not be a determining factor of residency. Persons required to provide additional information under this rule shall be notified in writing by the department and shall have 60 days to submit all required information to the department.Related ARC(s): 9004B57115.10(483A) Residency status determination. Upon receipt of information requested from the person, the department may determine whether the person is a resident or a nonresident for purposes of these rules and Iowa Code chapter 483A. The department shall provide the person with written notice of the finding.Related ARC(s): 9004B57115.11(483A) Suspension or revocation of licenses when nonresidents obtain resident licenses. 15.11(1) Suspension or revocation of license. If the department finds that a nonresident has obtained a resident license, the department shall provide written notice of intent to revoke and suspend hunting, fishing, or trapping licenses as provided in 571—Chapter 7. If the person requests a hearing, it shall be conducted in accordance with 571—Chapter 7. If the department finds that a nonresident has obtained a resident license fraudulently or through intentional misrepresentation, the person shall be guilty of a simple misdemeanor, punishable as a scheduled violation under Iowa Code section 805.8B. 15.11(2) 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 rule 571—15.10(483A) 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. 15.11(3) Magistrate authority. Nothing in this chapter shall limit the magistrate’s authority as described in Iowa Code section 483A.21 to suspend or revoke licenses.Related ARC(s): 9004B57115.12(483A) Licenses—fees. Except as otherwise provided by law, a person shall not fish, trap, hunt, harvest, pursue, catch, kill, take in any manner, use, have possession of, sell, or transport all or a part of any wild animal, bird, game, turtle, or fish, the protection and regulation of which is desirable for the conservation of resources of the state, without first obtaining a license for that purpose and paying a fee as follows: 15.12(1) Residents. a. Fishing license, annual — $20. b. Fishing license, three-year — $60. c. Fishing license, seven-day — $13.50. d. Fishing license, one-day — $8.50. e. Third-line fishing permit, annual — $12. f. Fishing license, lifetime, 65 years of age or older — $59.50. g. Fishing license, lifetime, disabled veteran or POW — $5. h. Paddlefish fishing license, annual — $23.50. i. Trout fishing fee — $12.50. j. Boundary waters sport trotline license, annual — $24. k. Hunting license, annual — $20. l. Hunting license, annual, including the wildlife habitat fee — $33. m. Hunting license, three-year, including the wildlife habitat fee — $99. n. Hunting license, lifetime, 65 years of age or older — $59.50. o. Combination hunting and fishing license, annual, including the wildlife habitat fee — $53. p. Combination hunting and fishing license, lifetime, disabled veteran or POW — $5. q. Deer hunting license — $30. r. First antlerless deer license — $25.50. s. Additional antlerless deer license — $12. t. Wildlife habitat fee — $13. u. Migratory game bird fee — $10. v. Wild turkey hunting license — $26.50. w. Fur harvester license, annual — $24. x. Fur harvester license, annual, including the wildlife habitat fee — $37. y. Fur harvester license, annual, under 16 years of age — $5.50. z. Fur harvester license, lifetime, 65 years of age or older — $59.50. aa. Fur dealer license, annual — $264. bb. Aquaculture unit license, annual — $30. cc. Retail bait dealer license, annual — $36. dd. Wholesale bait dealer license, annual — $146.50. ee. Game breeder license, annual — $18. ff. Taxidermy license, annual — $18. 15.12(2) Nonresidents. a. Fishing license, annual — $46. b. Fishing license, seven-day — $35.50. c. Fishing license, three-day — $18.50. d. Fishing license, one-day — $10. e. Third-line fishing permit, annual — $12. f. Paddlefish fishing license, annual — $47. g. Trout fishing fee — $15.50. h. Boundary waters sport trotline license, annual — $47.50. i. Hunting license, annual — $129. j. Hunting license, annual, including the wildlife habitat fee — $142. k. Hunting license, annual, under 18 years of age — $30. l. Hunting license, annual, under 18 years of age, including the wildlife habitat fee — $43. m. Hunting license, five-day (not applicable to deer or wild turkey seasons) — $75. n. Hunting license, five-day, including the wildlife habitat fee (not applicable to deer or wild turkey seasons) — $88. o. Deer hunting license, antlered or any-sex deer — $345.50. p. Deer hunting license, antlerless-deer-only, required with the purchase of an antlered or any-sex deer hunting license — $146.50. q. Deer hunting license, antlerless-deer-only — $263.50. r. Preference point issued under Iowa Code section 483A.7(3)“b” or 483A.8(3)“e” — $58.50. s. Holiday deer hunting license issued under Iowa Code section 483A.8(6), antlerless-deer-only — $88. t. Wildlife habitat fee — $13. u. Migratory game bird fee — $10. v. Wild turkey hunting license, annual — $117. w. Fur harvester license, annual — $232. x. Fur harvester license, annual, including the wildlife habitat fee — $245. y. Fur dealer license, annual — $586.50. z. Fur dealer license, one day, one location — $292.50. aa. Location permit for fur dealer — $66. bb. Aquaculture unit license, annual — $66. cc. Retail bait dealer license, annual — $146.50. dd. Wholesale bait dealer license, annual — $292.50. ee. Game breeder license, annual — $30.50. ff. Taxidermy license, annual — $30.50.Related ARC(s): 4072C57115.13 Reserved.57115.14 Reserved.57115.15 Reserved.DIVISION IIMULTIPLE OFFENDER AND WILDLIFE VIOLATOR COMPACT57115.16(481A, 481B, 482, 483A, 484A, 484B) Multiple offenders—revocation and suspension of hunting, fishing, and trapping privileges from those persons who are determined to be multiple offenders. 15.16(1) Definitions. For the purpose of this rule, the following definitions shall apply:
"Department" means the Department of Natural Resources, Wallace State Office Building, 502 East 9th Street, 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 15.16(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.15.16(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 456A, 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 disposition information from the clerks of court, the department will, on a monthly 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 licensing section, 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. 15.16(3) Point values assigned to convictions. Point values for convictions shall be assessed as stated in this subrule. 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: (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 unlawful taking of any fish, game, or fur-bearing animal. (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 sections 483A.27(7) and 483A.27A. (22) Any violation of Iowa Code section 716.8 while hunting deer. b. Convictions of the following offenses shall have a point value of two: (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, turkey, or paddlefish. (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 pertaining to private fish hatcheries and aquaculture. (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 unlawfully take any fish, game, or fur-bearing animals. (17) Attempting to take game before or after legal shooting hours. (18) Wanton waste of fish, game or fur-bearing 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, turkey, or paddlefish. (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. 15.16(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. 15.16(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. 15.16(6) Notification of intent to suspend and 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 571—Chapter 7. If the person requests a hearing, it shall be conducted in accordance with 571—Chapter 7. 15.16(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 15.16(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. 15.16(8) Magistrate authority. This chapter does not limit the magistrate authority as described in Iowa Code section 483A.21. 15.16(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.Related ARC(s): 7852B, 2561C57115.17(456A) Wildlife violator compact. The department has entered into the wildlife violator compact (the compact) with other states for the uniform enforcement of license suspensions. The compact, a copy of which may be obtained by contacting the department’s law enforcement bureau, is adopted herein by reference. The procedures set forth in this rule shall apply to license suspensions pursuant to the wildlife violator compact. 15.17(1) Definitions. For purposes of this rule, the following definitions shall apply:
"Compliance" with respect to a citation means the act of answering a citation through an appearance in a court or through the payment of all fines, costs, and surcharges, if any.
"Department" means the Iowa department of natural resources.
"Home state" means the state of primary residence of a person.
"Issuing state" means a participating state that issues a fish or wildlife citation to a person.
"License" means any license, permit, or other public document which conveys to the person to whom it was issued the privilege of pursuing, possessing, or taking any fish or wildlife regulated by statute, law, regulation, ordinance, or administrative rule of a participating state.
"Participating state" means any state which enacts legislation to become a member of the wildlife violator compact. Iowa is a participating state pursuant to Iowa Code section 456A.24(14).15.17(2) Suspension of licenses for noncompliance. Upon the receipt of a valid notice of failure to comply, as defined in the compact, the department shall issue a notice of suspension to the Iowa resident. The notice of suspension shall: a. Indicate that all department-issued hunting (including furbearer) or fishing licenses shall be suspended, effective 30 days from the receipt of the notice, unless the department receives proof of compliance. b. Inform the violator of the facts behind the suspension with special emphasis on the procedures to be followed in resolving the matter with the court in the issuing state. Accurate information in regard to the court (name, address, telephone number) must be provided in the notice of suspension. c. Notify the license holder of the right to appeal the notice of suspension within 30 days of receipt. Said appeal shall be conducted pursuant to 571—Chapter 7 but shall be limited to the issues of whether the person so notified has a pending charge in the issuing state, whether the person has previously received notice of the violation from the issuing state, and whether the pending charge is subject to a license suspension for failure to comply pursuant to the terms of the compact. d. Notify the license holder that, prior to the effective date of suspension, a person may avoid suspension through an appearance in the court with jurisdiction over the underlying violations or through the payment of all fines, costs, and surcharges associated with the violations. e. Indicate that, once a suspension has become effective, the suspension may only be lifted upon the final resolution of the underlying violations. 15.17(3) Reinstatement of licenses. Any license suspended pursuant to this rule may be reinstated upon the receipt of an acknowledgement of compliance from the issuing state, a copy of a court judgment, or a certificate from the court with jurisdiction over the underlying violations and the payment of applicable Iowa license fees. 15.17(4) Issuance of notice of failure to comply. When a nonresident is issued a citation by the state of Iowa for violations of any provisions under the jurisdiction of the natural resource commission which is covered by the suspension procedures of the compact and fails to timely resolve said citation by payment of applicable fines or by properly contesting the citation through the courts, the department shall issue a notice of failure to comply. a. The notice of failure to comply shall be delivered to the violator by certified mail, return receipt requested, or by personal service. b. The notice of failure to comply shall provide the violator with 14 days to comply with the terms of the citation. The violator may avoid the imposition of the suspension by answering a citation through an appearance in a court or through the payment of all fines, costs, and surcharges, if any. c. If the violator fails to achieve compliance, as defined in this rule, within 14 days of receipt of the notice of failure to comply, the department shall forward a copy of the notice of failure to comply to the home state of the violator. 15.17(5) Issuance of acknowledgement of compliance. When a person who has previously been issued a notice of failure to comply achieves compliance, as defined in this rule, the department shall issue an acknowledgement of compliance to the person who was issued the notice of failure to comply. 15.17(6) Reciprocal recognition of suspensions. Upon receipt of notification from a state that is a member of the wildlife violator compact that the state has suspended or revoked any person’s hunting or fishing license privileges, the department shall: a. Enter the person’s identifying information into the records of the department. b. Deny all applications for licenses to the person for the term of the suspension or until the department is notified by the suspending state that the suspension has been lifted.Related ARC(s): 7852B57115.18 Reserved.57115.19 Reserved.57115.20 Reserved.DIVISION IIISPECIAL LICENSES57115.21(483A) Fishing license exemption for patients of substance abuse facilities. 15.21(1) Definition. For the purpose of this rule, the definition of “substance abuse facility” is identical to the definition of “facility” in Iowa Code subsection 125.2(9). 15.21(2) Procedure. Each substance abuse facility may apply to the department of natural resources for a license exempting patients from the fishing license requirement while fishing as a supervised group as follows: a. Application shall be made on a form provided by the department and shall include the name, address and telephone number of the substance abuse facility including the name of the contact person. A general description of the type of services or care offered by the facility must be included as well as the expected number of participants in the fishing program and the water bodies to be fished. b. A license will be issued to qualifying substance abuse facilities and will be valid for all patients under the care of that facility. c. Patients of the substance abuse facility must be supervised by an employee of the facility while fishing without a license pursuant to this rule. An employee of the substance abuse facility must have the license in possession while supervising the fishing activity of patients. d. Notwithstanding the provisions of this rule, each employee of the substance abuse facility must possess a valid fishing license while participating in fishing.Related ARC(s): 7852B57115.22(481A) Authorization to use a crossbow for deer and turkey hunting during the bow season by handicapped individuals. 15.22(1) Definitions. For the purpose of this rule:
"Bow and arrow" means a compound, recurve, or longbow.
"Crossbow" means a weapon consisting of a bow mounted transversely on a stock or frame and designed to fire a bolt, arrow, or quarrel by the release of the bow string, which is controlled by a mechanical or electric trigger and a working safety.
"Handicapped" means a person possessing a physical impairment of the upper extremities that makes a person physically incapable of shooting a bow and arrow. This includes difficulty in lifting and reaching with arms as well as difficulty in handling and fingering.15.22(2) Application for authorization card. An individual requesting use of a crossbow for hunting deer or turkey must submit an application for an authorization card on forms provided by the department. The application must include a statement signed by the applicant’s physician declaring that the individual is not physically capable of shooting a bow and arrow. A first-time applicant must submit the authorization card application no later than ten days before the last day of the license application period for the season the person intends to hunt. 15.22(3) Authorization card—issuance and use. Approved applicants will be issued a card authorizing the individual to hunt deer and turkey with a crossbow. The authorization card must be carried with the license and on the person while hunting deer and turkey and must be exhibited to a conservation officer upon request. 15.22(4) Validity and forfeiture of authorization card. A card authorizing the use of a crossbow for hunting deer and turkey will be valid for as long as the person is incapable of shooting a bow and arrow. If a conservation officer has probable cause to believe the person’s handicapped status has improved, making it possible for the person to shoot a bow and arrow, the department may, upon the officer’s request, require the person to obtain in writing a current physician’s statement.If the person is unable to obtain a current physician’s statement confirming that the person is incapable of shooting a bow and arrow, the department may initiate action to revoke the authorization card pursuant to 571—Chapter 7. 15.22(5) Restrictions. Crossbows equipped with pistol grips and designed to be fired with one hand are illegal for taking or attempting to take deer or turkey. All projectiles used in conjunction with a crossbow for deer hunting must be equipped with a broadhead.Related ARC(s): 7852B, 2561C57115.23(483A) Free hunting and fishing license for low-income persons 65 years of age and older or low-income persons who are permanently disabled. 15.23(1) Purpose. Pursuant to Iowa Code subsection 483A.24(15), the department of natural resources will issue a free annual combination hunting and fishing license to low-income persons who meet the age status or permanently disabled status as defined. 15.23(2) Definitions.
"Age status" means a person who has achieved the sixty-fifth birthday.
"Low-income person" means a person who is a recipient of a program administered by the state department of human services for persons who meet low-income guidelines.
"Permanently disabled" means a person who meets the definition in Iowa Code section 483A.4.15.23(3) Procedure. Each person shall apply to the department of natural resources for a license as follows: a. Application shall be made on a form provided by the department and shall include the name, address, height, weight, color of eyes and hair, date of birth, and gender of the applicant. In addition, applicants shall include a copy of an official document such as a birth certificate if claiming age status, or a copy of an award letter from the Social Security Administration or private pension plan if claiming permanent disabled status. The application shall include an authorization allowing the department of human services to verify the applicant’s household income if proof of income is provided through the department of human services. b. The free annual hunting and fishing combination license will be issued by the department upon verification of program eligibility. The license issued under this rule will be valid until January 10 of the subsequent year. Proof of eligibility must be submitted each year in order to obtain a free license. c. A person whose income falls below the federal poverty guidelines may apply for this license by providing either of the following: (1) A current Notice of Decision letter. For purposes of this rule, a “current Notice of Decision letter” shall mean a letter from the department of human services dated in the month the application is received or dated in the five months immediately preceding the month the application is received that describes the applicant’s monthly or annual household income. (2) If a person does not have a Notice of Decision letter as described in subparagraph (1), a document shall be provided that states that the applicant’s annual income does not exceed the federal poverty limit for the current year and lists income from all sources, including but not limited to any wages or compensation, social security, retirement income, dividends and interest, cash gifts, rents and royalties, or other cash income. In addition, the applicant shall provide documentation of such income by submitting a copy of the applicant’s most recently filed state or federal income tax return to the department. In the event an applicant does not have a tax return that was filed within the last year because the applicant’s income level does not require the filing of a tax return, the applicant shall so notify the department, shall provide to the department bank statements, social security statements or other relevant income documentation identified by the department, and shall meet with the department to verify income eligibility under this rule.Federal poverty guidelines are published in February of each year and will be the income standard for applicants from that time until the guidelines are available in the subsequent year. The guidelines will be shown on the application and will be available upon request from the department. 15.23(4) Revocation. Any license issued pursuant to rule 571—15.23(483A) may be revoked, in whole or in part, by written notice, if the director determines that a license holder had provided false information to obtain a license under this chapter or has violated any provision of this chapter and that continuation of the license is not in the public interest. Such revocation shall become effective upon a date specified in the notice. The notice shall state the extent of the revocation and the reasons for the action. Within 30 days following receipt of the notice of a revocation, the license holder may file a notice of appeal, requesting a contested case hearing pursuant to 561—Chapter 7. The notice of appeal shall specify the basis for requesting that the license be reinstated.Related ARC(s): 7852B, 8465B57115.24(483A) Free annual fishing license for persons who have severe physical or mental disabilities. 15.24(1) Purpose. Pursuant to Iowa Code subsection 483A.24(9), the department of natural resources will issue a free annual fishing license to Iowa residents 16 or more years of age who have severe mental or physical disabilities who meet the definition of “severe mental disability” or “severe physical disability” in 15.24(2). 15.24(2) Definitions. For the purposes of this rule, the following definitions apply:
"Severe mental disability" means a person who has severe, chronic conditions in all of the following areas which:
- Are attributable to a mental impairment or combination of mental and physical impairments;
- Result in substantial functional limitations in three or more of the following areas of major life activities: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency;
- Reflect the person’s need for a combination and sequence of services that are individually planned and coordinated; and
- Requires the full-time assistance of another person to maintain a safe presence in the outdoors.
"Severe physical disability" means a disability that limits or impairs the person’s mobility or use of a hand or arm and that requires the full-time assistance of another person or that makes the person dependant on a wheelchair for the person’s normal life routine.15.24(3) Procedure. Each person shall apply to the department of natural resources for a license as follows: a. Application shall be made on a form provided by the department and shall include the name, home address, home telephone number, height, weight, eye and hair color, date of birth, and gender of the applicant and other information as required. The license issued under this rule will be issued by the department upon verification of program eligibility and will be valid until January 10 of the subsequent year. Proof of eligibility must be submitted each year in order to obtain the license. b. The application shall be certified by the applicant’s attending physician with an original signature and, based upon the definition of severe mental disability or severe physical disability as provided for in this rule, declare that the applicant has a severe mental or physical disability. A medical statement from the applicant’s attending physician specifying the applicant’s type of disability shall be on 8½" x 11" stationery of the attending physician or on paper inscribed with the attending physician’s letterhead. For purposes of this rule, the attending physician must be a currently practicing doctor of medicine, doctor of osteopathy, physician’s assistant or nurse practitioner. 15.24(4) Revocation. Any license issued pursuant to 571—15.24(483A) may be revoked, in whole or in part, by written notice, if the director determines that a license holder had provided false information to obtain a license under this chapter or has violated any provision of this chapter and that continuation of the license is not in the public interest. Such revocation shall become effective upon a date specified in the notice. The notice shall state the extent of the revocation and the reasons for the action. Within 30 days following receipt of the notice of a revocation, the license holder may file a notice of appeal, requesting a contested case hearing pursuant to 561—Chapter 7. The notice of appeal shall specify the basis for requesting that the license be reinstated.Related ARC(s): 7852B, 8465B57115.25(483A) Transportation tags for military personnel on leave from active duty. 15.25(1) Military transportation tags for deer and turkey. The military transportation tag shall include the following information: name, birth date, current address of military person; species and sex of animal taken; date of kill; and weapon used. Only conservation officers of the department shall be authorized to issue military transportation tags. 15.25(2) Annual limit for military transportation tags. A person receiving a military transportation tag shall be limited to one military deer tag and one military turkey tag annually. 15.25(3) Regulations apply to military personnel. With the exception of the license requirement exemption set forth in Iowa Code section 483A.24(6), all hunting and fishing regulations shall apply to active duty military personnel.Related ARC(s): 7852B57115.26(483A) Special nonresident deer and turkey licenses. The commission hereby authorizes the director to issue special nonresident deer and turkey licenses pursuant to the provisions of 561—Chapter 12.Related ARC(s): 2398C57115.27(483A) Apprentice hunter designation. 15.27(1) A person who is 16 years of age or older and meets all the requirements of Iowa Code section 483A.27A may purchase, up to two times, a hunting license with an apprentice hunter designation on the license without first completing a hunter education course. 15.27(2) A hunting license with an apprentice hunter designation issued pursuant to Iowa Code section 483A.27A is valid from the date issued to January 10 of the succeeding calendar year.Related ARC(s): 2561C57115.28 Reserved.57115.29 Reserved.57115.30 Reserved.57115.31 Reserved.57115.32 Reserved.57115.33 Reserved.57115.34 Reserved.57115.35 Reserved.57115.36 Reserved.57115.37 Reserved.57115.38 Reserved.57115.39 Reserved.57115.40 Reserved.DIVISION IVEDUCATION AND CERTIFICATION PROGRAMS57115.41(483A) Hunter education program. This division clarifies the term “hunting license” as used in Iowa Code section 483A.27 in relation to the hunter education course requirement, clarifies the need for exhibiting a hunter education course certificate when applying for a deer or wild turkey license, and explains the requirements for individuals who wish to demonstrate their knowledge of hunter education so as to be eligible to purchase an Iowa hunting license. For the purpose of this division, a hunting license, pursuant to Iowa Code sections 483A.1 and 483A.24, includes:
- Hunting licenses for legal residents except as otherwise provided. (Iowa Code section 483A.1(1))
- Hunting licenses for nonresidents. (Iowa Code section 483A.1(2))
- Hunting preserve license.
- Free annual hunting and fishing licenses for persons who are disabled or are 65 years of age or older and qualify for low-income status as defined in Iowa Code section 483A.24.
- Veteran’s lifetime hunting and fishing license as defined in Iowa Code section 483A.24.
"Certificate of noncompliance" means a document provided by the unit certifying the named person has outstanding liability placed with the unit and has not entered into an approved payment plan to pay the liability.
"Department" means the department of natural resources.
"Liability" means a debt or obligation placed with the unit for collection that is greater than $1,000. For purposes of this chapter, “liability” does not include child support payments collected pursuant to Iowa Code chapter 252J.
"License" means a license, certification, registration, permit, approval, renewal or other similar authorization issued to a person by the department which evidences the admission to, or granting of authority to engage in, a profession, occupation, business, industry, or recreation, including those authorizations set out in Iowa Code chapters 321G, 321I, 455B, 455C, 455D, 456A, 459, 459A, 461A, 462A, 481A, 481B, 481C, 482, 483A, 484B and 484C.
"Licensee" means a person to whom a license has been issued by the department or who is seeking the issuance of a license from the department.
"Notice of intent" means a notice sent to a licensee indicating the department’s intent to suspend, revoke, or deny renewal or issuance of a license.
"Obligor" means a person with a liability placed with the unit.
"Unit" means the centralized collection unit of the department of revenue or the college student aid commission.
"Withdrawal of a certificate of noncompliance" means a document provided by the unit certifying that the certificate of noncompliance is withdrawn and that the department may proceed with issuance, reinstatement, or renewal of a person’s license.Related ARC(s): 8465B, 9005B57115.53(272D) Requirements of the department. 15.53(1) Records. The department shall collect and maintain records of its licensees that must include, at a minimum, the following: a. The licensee’s first and last names. b. The licensee’s current known address. c. The licensee’s social security number.The records shall be made available to the unit so that the unit may match to the records the names of persons with any liabilities placed with the unit for collections. The records must be submitted in an electronic format and updated on a quarterly basis. 15.53(2) Certificate of noncompliance. Upon receipt of a certificate of noncompliance from the unit, the department shall initiate its existing rules and procedures for the suspension, revocation, or denial of issuance or renewal of a person’s license. 15.53(3) Notice of intent. The department shall provide a notice of intent to a person of its intent to suspend, revoke or deny issuance or renewal of a license in accordance with Iowa Code chapter 272D or section 261.126, whichever is appropriate. The suspension, revocation, or denial shall be effective no sooner than 30 days following the issuance of the notice of intent to the person. The notice shall include all of the following: a. That the department has received a certificate of noncompliance from the unit and intends to suspend, revoke or deny issuance or renewal of a person’s license; b. That the person must contact the unit to schedule a conference or to otherwise obtain a withdrawal of a certificate of noncompliance; c. That the department will revoke, suspend or deny the person’s license unless a withdrawal of a certificate of noncompliance is received from the unit within 30 days from the date of the notice; d. That, in the event the department’s rules and procedures conflict with the additional rules and procedures under this action, the rules and procedures of this action shall apply; e. That mistakes of fact in the amount of the liability owed and the person’s identity may not be contested to the department; and f. That the person may request a district court hearing as outlined in rule 701—153.14(272D). 15.53(4) Withdrawal. Upon receipt of a withdrawal of a certificate of noncompliance from the unit, the department shall immediately reinstate, renew, or issue a license if the person is otherwise in compliance with the department’s requirements.Related ARC(s): 8465B, 9005B57115.54(272D) No administrative appeal of the department’s action. Pursuant to Iowa Code sections 261.126 and 272D.8, a person does not have a right to a hearing before the department to contest the department’s action under this rule, but may request a court hearing pursuant to rule 571—15.55(272D).Related ARC(s): 8465B, 9005B57115.55(272D) District court hearing. A person may seek review of the actions listed in rule 701—153.14(272D) and request a hearing before the district court by filing an application with the district court in the county in which the majority of the liability was incurred. The person must send a copy of the application to the unit by regular mail. The application must be filed no later than 30 days after the department issues its notice of intent. 15.55(1) Scheduling. The clerk of the district court shall schedule a hearing and mail a copy of the scheduling order to the person, the unit, and the department. 15.55(2) Certification. The unit shall certify a copy of its written decision and certificate of noncompliance, indicating the date of issuance, and the department shall certify a copy of the notice issued pursuant to subrule 15.53(3) to the court prior to the hearing. 15.55(3) Stay. Upon receipt from the clerk of court of a copy of a scheduling order and prior to the hearing, the department shall stay any action contemplated on the person’s license pursuant to the notice of intent. 15.55(4) Hearing. The hearing on the person’s application shall be scheduled and held within 30 days of the application being filed. However, if the person fails to appear at the scheduled hearing, the stay shall be lifted and the department shall continue its procedures pursuant to the notice of intent. 15.55(5) Scope of review. The district court’s review shall be limited to demonstration of the amount of the liability owed or the identity of the person. 15.55(6) Findings. If the court finds the unit was in error either in issuing a certificate of noncompliance or in its failure to issue a withdrawal of a certificate of noncompliance, the unit shall issue a withdrawal of a certificate of noncompliance to the department. If the court finds the unit was justified in issuing a certificate of noncompliance or in not issuing a withdrawal of a certificate of noncompliance, a stay imposed under subrule 15.55(3) shall be lifted and the department shall proceed with the action as outlined in its notice of intent.Related ARC(s): 8465BThese rules are intended to implement Iowa Code chapters 272D, 321G, 456A, 462A, 481A, 481B, 482, 483A, 484A, and 484B and Iowa Code section 261.126.Related ARC(s): 7852B, 8104B, 8465B, 9004B, 9005B, 2398C, 2561C, 4072C