Iowa Admin. Code r. 761-620.4 - Ignition interlock device provider reports
(1)
Access
and approval. An approved ignition interlock provider seeking to
access department records to perform the electronic reporting outlined in this
rule must apply to the department in a manner approved by the department and in
compliance with 761-Chapter 301.
(2)
Electronic reporting.
a. An approved ignition interlock device
provider shall electronically report a notice of violation occurrence and a
final compliance report to the department in a manner approved by the
department.
b. An approved ignition
interlock provider shall retain all data, information and records associated
with a notice of violation occurrence and final compliance report for a period
of at least five years and make such data available to the department upon
request.
(3)
Notice of violation occurrence. The notice of violation
occurrence shall be generated and sent by the ignition interlock device
provider to the department no earlier than the same day the occurrence meets
the criteria under Iowa Code section 321J.17A(1) and no later than seven
business days after the occurrence meets the criteria under Iowa Code section
321J.17A(1).
a. The notice of violation
occurrence shall specify the applicable paragraph in Iowa Code section
321J.17A(1)
"a" through "d" to which the
occurrence corresponds.
b. For
purposes of determining when the periods referenced in Iowa Code section
321J.17A(1)
"a" and "b" begin and end, the
following applies:
(1) The 30-day period
described in Iowa Code section 321J.17A(1)
"a" begins on the
date the first violation occurs and ends 30 days after the date the first
violation occurred. All violations that occur within that 30-day period count
toward one occurrence. Any new violation occurring after the end date of the
initial 30-day period counts toward an additional occurrence.
(2) The 24-hour period described in Iowa Code
section 321J.17A(1)
"b" begins when the first violation occurs
and ends 24 hours after the time the first violation occurred. All violations
that occur within that 24-hour period count toward one occurrence. Any new
violation occurring after the end of the initial 24-hour period counts toward
an additional occurrence.
c. Any violation will count toward an
occurrence under both Iowa Code section 321J.17A(1)
"a" and
"b."
d. Failing
to provide a detectable breath sample in Iowa Code section
321J.17A(4)
"a"(1) means the failure occurred during a random
retest.
e. An event described in
Iowa Code section 321J.17A(4)
"b" is not a violation if the
immediate retest is successful and occurs within ten minutes of the first
failed test.
f. Upon request, the
ignition interlock device provider shall also provide the applicable underlying
violation category under Iowa Code section 321J.17A(4)
"a" and
any other identifying information requested by the department for each
occurrence.
g. Each notice of
violation occurrence requires a separate 60-day time extension to the period of
time a person is required to maintain an ignition interlock device pursuant to
Iowa Code section 321J.17A(1).
h.
Nothing in this subrule prevents a 60-day time extension from being added if
the notice of violation occurrence is sent after the time required under this
subrule due to the person's failure to have the ignition interlock device reset
once it has entered lockout condition.
i. If a violation under Iowa Code section
321J.17A(4)
"a" occurs solely due to the ignition interlock
device suffering a manufacturer's defect, as determined by the ignition
interlock device provider, the violation shall not be included in a notice of
violation occurrence under this subrule.
(4)
Final device download and
compliance report.
a. Upon receipt
of notification from the department that the person's requirement to maintain
installation of the ignition interlock device has ended, the ignition interlock
device provider shall complete a final download of the ignition interlock
device to determine if the person has had any violation occurrences prior to or
on the end date reported by the department. If no violation occurrences are
detected, the ignition interlock device provider shall generate and send to the
department a final compliance report, in the form and manner prescribed by the
department, no later than seven business days following the date of the final
download of the ignition interlock device. The ignition interlock device
provider may uninstall the ignition interlock device if the final download
detects no violation occurrences prior to or on the end date reported by the
department.
b. If, during the final
download, a violation occurrence is detected that occurred on or prior to the
date the person's requirement to maintain installation of an ignition interlock
device ends as reported by the department, all of the following apply:
(1) The ignition interlock device provider
shall report the violation occurrence to the department in the same manner as
any other violation occurrence is reported.
(2) The time extension under Iowa Code
section 321J.17A applies and the ignition interlock device cannot be
uninstalled until all time extensions have ended.
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) Contested case hearing.
a. A person may request a contested case hearing by checking the appropriate box on Form 432018 and submitting it to the department or by submitting a written request to the director of the motor vehicle division. The request shall include the person's name, date of birth, driver's license number, complete address and telephone number.
b. A request for a hearing to contest the denial of a temporary restricted license or to contest the restrictions may be submitted at any time.
c. A request for a hearing to contest a revocation shall be submitted within ten days after receipt of the revocation notice. The request shall be deemed timely submitted if it is delivered to the director of the motor vehicle division or properly addressed and postmarked within this time period.
d. Failure to timely request a hearing on a revocation is a waiver of the right to a hearing under Iowa Code chapter 321J, and the revocation shall become effective on the date specified in the revocation notice.
e. After a hearing, a written decision will be issued by the presiding officer.
(2) Appeal. A decision by a presiding officer shall become the final decision of the department and shall be binding on the department and the person who requested the hearing unless either appeals the decision in accordance with this subrule.
a. The appeal shall be decided on the basis of the record made before the presiding officer in the contested case hearing and no additional evidence shall be presented.
b. The appeal shall include a statement of the specific issues presented for review and the precise ruling or relief requested.
c. An appeal of the presiding officer's decision shall be submitted in writing by sending the original and one copy of the appeal to the director of the motor vehicle division.
d. An appeal shall be deemed timely submitted if it is delivered to the director of the motor vehicle division or properly addressed and postmarked within ten days after receipt of the presiding officer's decision.
e. The director of the motor vehicle division shall forward the appeal to the director of transportation. The director of transportation may affirm, modify or reverse the decision of the presiding officer, or may remand the case to the presiding officer.
f. Failure to timely appeal a decision shall be considered a failure to exhaust administrative remedies.
(3) Final agency action. The decision of the director of transportation shall be the final decision of the department and shall constitute final agency action for purposes of judicial review. No further steps are necessary to exhaust administrative remedies.
(4) Default.
a. If a party fails to appear or participate in a contested case proceeding after proper service of notice, the presiding officer may, if no continuance is granted, either enter a default decision or proceed with the hearing and render a decision in the absence of the party.
b. Any party may move for default against a party who has requested the contested case proceeding and who has failed to appear after proper service.
c. A default decision or a decision rendered on the merits after a party has failed to appear or participate in a contested case proceeding becomes final agency action unless, within ten days after receipt of the decision, either a motion to vacate is filed and served on the presiding officer and the other parties or an appeal of a decision on the merits is timely submitted in accordance with subrule 620.4(2). A motion to vacate must state all facts relied upon by the moving party which establish that good cause existed for that party's failure to appear or participate.
d. The time for further appeal of a decision for which a timely motion to vacate has been filed is stayed pending a decision on the motion to vacate.
e. Timely filed motions to vacate shall be granted only for good cause shown. The burden of proof is on the moving party. Adverse parties shall have ten days to respond to a motion to vacate.
f. "Good cause" for the purpose of this rule means surprise, excusable neglect or unavoidable casualty.
g. A decision denying a motion to vacate is subject to further appeal in accordance with subrule 620.4(2).
h. A decision granting a motion to vacate is subject to interlocutory appeal by the adverse party in accordance with subrule 620.4(2).
i. If a motion to vacate is granted and no timely interlocutory appeal has been taken, the presiding officer shall issue another notice of hearing and the contested case shall proceed accordingly.
(5) Petition to reopen a hearing.
a. A petition to reopen a hearing pursuant to Iowa Code section 17A.16 shall be submitted in writing to the director of the motor vehicle division. If a petition is based on a court order, a copy of the court order shall be submitted with the petition. If a petition is based on new evidence, the petitioner shall submit a concise statement of the new evidence and the reason(s) for the unavailability of the evidence at the original hearing.
b. A petition to reopen a hearing may be submitted at any time even if a hearing to contest the revocation was not originally requested or held.
c. A person may appeal a denial of the petition to reopen. The appeal shall be deemed timely if it is delivered to the director of the motor vehicle division or properly addressed and postmarked within 20 days after issuance of the decision denying the petition to reopen.