Iowa Admin. Code r. 761-615.22 - Hearing and appeal process
(1)
Applicability. This rule applies to:
a. License denials, cancellations and
suspensions under Iowa Code sections
321.177 through
321.215 and
321A.4 through
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.
(2)
Submission of request.
a. A person subject to a sanction listed in
subrule 615.22(1) may contest the action by following the provisions of
761-Chapter 13 as supplemented by this rule.
b. A person may request an informal
settlement, a contested case hearing, or an appeal of a presiding officer's
decision by submitting a request in writing to the motor vehicle division at
the address in rule 761-615.3 (17A).
c. The request is to include the person's
name, date of birth, driver's license or permit number, mailing address and
telephone number and the name, address and telephone number of the person's
attorney, if any.
d. A request for
an informal settlement or a request for a contested case hearing will be deemed
timely submitted if it is delivered to the motor vehicle division 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 will be 20 days after the notice is served.
(2) However, a request to appeal a sanction
under rule 761-615.7 (321) or a denial of a
license may be submitted at any time.
(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 615.22(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.
(4)
Appeal. A request to
appeal a presiding officer's decision shall be submitted in accordance with
761-subrule 13.5(3).
(5)
Stay of sanction.
a. Upon
receipt of a properly submitted, timely request under this rule, the department
will review its records to determine whether the sanction may be stayed pending
the outcome of the settlement, hearing or appeal unless prohibited by statute
or rule or unless otherwise requested by the requester/appellant.
(1) If the stay is granted, the department
will send a notice indicating the effective date of the stay. 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
615.22(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 through 321.215, 321.218, 321.556, 321A.4 through 321A.11 and 321J.21.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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.
(2) Reserved.
This rule is intended to implement Iowa Code section 321.210A.