Iowa Admin. Code r. 761-607.39 - Disqualification
(1)
Date. A disqualifying act, action or offense under Iowa Code
section 321.208, that occurred before
July 1, 1990, shall not be grounds for disqualification from operating a
commercial motor vehicle .
(2)
Notice. A 30-day advance notice of disqualification shall be
served by the department in accordance with rule
761-615.37 (321). Pursuant to
Iowa Code subsection 321.208(12), a peace officer on behalf of the department
may serve the notice of disqualification immediately.
(3)
Hearing and appeal
process. A person who has received a notice of disqualification may
contest the disqualification in accordance with 761-615.38(17A,321).
(4)
Reduction of lifetime
disqualification.
a. As permitted by
49 CFR Section
383.51, a person subject to lifetime
disqualification of the person's commercial driving privileges may apply to the
department for reinstatement. The approval is subject to the discretion of the
department and subject to the following requirements:
(1) The request may not be made prior to ten
years from the effective date of the lifetime disqualification.
(2) The person must submit the request in a
manner prescribed by the department.
(3) If the driving record contains
alcohol-related or drug-related offenses that resulted in the lifetime
disqualification, the person must have completed an alcohol or drug evaluation
and have completed any recommended treatment which meets or exceeds the minimum
standards approved by the Iowa department of health and human services.
Evidence of a completed evaluation and treatment must be on file with the
department or submitted with the application for reinstatement.
(4) Within the ten years preceding the
request, the person must not have any of the following moving violation
convictions:
1. A drug or alcohol
offense.
2. Leaving the scene of an
accident.
3. A felony involving the
use of any motor vehicle.
4. Any
moving violation while operating a commercial motor vehicle .
(5) The department may request,
and the person shall provide, any additional information or documentation
necessary to determine the person's eligibility for reinstatement or general
fitness for licensure.
b.
If the department finds the person is eligible for reinstatement under this
subrule, the person shall do all of the following prior to reinstatement:
(1) Pay all outstanding reinstatement
fees.
(2) Meet all outstanding
reinstatement requirements.
(3)
Pass the required knowledge, vision, and skills tests as specified in Iowa Code
section 321.188.
(4) Complete any other courses or
requirements as required by the director.
c. As provided in
49 CFR Section
383.51(a)(6), a person who
has previously had the person's commercial driving privileges reinstated
pursuant to this subrule shall not be eligible to apply for reinstatement
following conviction of a subsequent disqualifying offense.
d. If the department determines the person is
not eligible for reinstatement as provided in this subrule, the department
shall send notice by first-class mail to the person's mailing address as shown
on departmental records that the lifetime disqualification remains in
effect.
(5)
Fraud
related to testing and issuance.
a.
As required by 49 CFR
Section 383.73(k) and Iowa
Code section 321.201(2)"b," the department shall disqualify
the commercial driver's license or commercial learner's permit of a person
convicted or suspected of fraud related to the testing for or issuance of a
commercial driver's license or commercial learner's permit.
b. Upon receipt of a person's conviction of
fraud related to the issuance of the commercial driver's license or commercial
learner's permit, the department shall disqualify the person's commercial
driver's license or commercial learner's permit for one year.
c. Upon receipt of credible evidence that a
person is suspected of committing fraud relating to the issuance of a
commercial driver's license or a commercial learner's permit, the department
shall notify the person of the requirement to retake the applicable knowledge
or skills test. Within 30 days of receiving notice from the department, the
person is required to contact the department to retake the knowledge or skills
test. If the person fails to contact the department within 30 days after the
notice, or the person fails the knowledge or skills test, or does not take the
test, the department shall disqualify the person's commercial driver's license
or commercial learner's permit.
d.
Once a person's commercial driver's license or commercial learner's permit has
been disqualified, the person must reapply following the usual procedures as
provided in Iowa Code section
321.188 and this chapter.
This rule is intended to implement Iowa Code chapter 17A and section 321.208.
Notes
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