Iowa Admin. Code r. 761-620.5 - Hearings and appeals
(1)
Contested case hearing.
a. A
person may request a contested case hearing by submitting Form 432034 to the
department or by submitting a written request to the motor vehicle division.
The request is to 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 a
revocation is to be submitted within ten days following receipt of the
revocation notice. The request will be deemed timely submitted if it is
delivered to the motor vehicle division or properly addressed and postmarked
within this time period.
c. 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.
d. 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 unless
either party appeals the decision in accordance with this subrule.
a. An appeal is to 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. An appeal is to 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 to the motor vehicle
division.
d. An appeal is deemed
timely submitted if it is received by the motor vehicle division or properly
addressed and postmarked within ten days after receipt of the presiding
officer's decision.
e. The motor
vehicle division will forward the appeal to the director of transportation or
director's designee (director). The director 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 is the final
decision of the department and constitutes 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 620.5(2). A motion to
vacate is to state all facts relied upon by the moving party that 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 are to be
granted only for good cause shown. The burden of proof is on the moving party.
Adverse parties are to respond to a motion to vacate within ten days.
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 620.5(2).
h. A decision granting a motion to vacate is
subject to interlocutory appeal by the adverse party in accordance with subrule
620.5(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 is to
proceed accordingly.
(5)
Petition to reopen a hearing.
a. A petition to reopen a hearing pursuant to
Iowa Code section 17A.16 is to be submitted in writing to 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. A timely appeal is delivered to the motor vehicle division
or properly addressed and postmarked within 20 days after issuance of the
decision denying the petition to reopen.
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.
The department may reinstate the license when the revocation has ended if the person has:
(1) Filed proof of financial responsibility under Iowa Code chapter 321A for all motor vehicles to be operated.
(2) Paid the $200 civil penalty.
(3) Provided proof of satisfactory completion of a course for drinking drivers and proof of completion of substance abuse evaluation and treatment or rehabilitation services on a form and in a manner approved by the department.
(4) Successfully completed the required driver license examination.
(5) Paid the specified reinstatement fee.
(6) Paid the appropriate license or permit fee.
(7) Provided, if required by Iowa Code section 321 J. 17(3), proof of installation of an approved ignition interlock device or proof the person remains in compliance with the ignition interlock device requirement if the device was installed for a temporary restricted license.