Iowa Admin. Code r. 761-615.12 - Suspension for a charge of vehicular homicide; hearing and appeal process
(1) The
department shall suspend a person's license when the department receives notice
from the clerk of the district court that an indictment or trial information
has been filed charging the person with homicide by vehicle under Iowa Code
section 707.6A(1) or
707.6A(2). The
suspension takes effect ten days after the department's suspension notice is
issued.
(2) In a contested case
hearing, the sole issue is whether there is a possibility of a judgment being
rendered against the person for homicide by vehicle under Iowa Code section
707.6A(1) or
707.6A(2). A
suspension under this subrule will be upheld if there is evidence in department
records that the indictment or trial information was found or approved by a
grand jury, magistrate, or judge.
This rule is intended to implement Iowa Code chapter 17A and section 321.210D.
Notes
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(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.
(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.
(3) The suspension period shall be at least 60 days.
This rule is intended to implement Iowa Code section 321.210.