Iowa Admin. Code r. 761-810.6 - Worker transportation rest periods

(1) Requirements. A railroad worker transportation company and railroad worker transportation company driver shall comply with the rest period requirements of Iowa Code sections 321.449A and 327F.39(5).

(2) Report procedure.

a. A person shall report an alleged violation in writing to the department at the following address: Modal Transportation Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.

b. The report shall include the date, time, circumstances and any evidence of an alleged violation, and the name and contact information of the driver employed by the railroad worker transportation company or the railroad worker transportation company alleged to require a driver to violate the provisions of Iowa Code section 321.449A or 327F.39(5).

c. The director of the modal transportation bureau or the director's designee may request additional information from the driver, railroad worker transportation company or railroad.

d. The director of the modal transportation bureau or the director's designee, which may include peace officers within motor vehicle enforcement, may investigate the alleged violation.

e. The director of the modal transportation bureau or the director's designee shall issue a decision within 60 days of receipt of the report or 60 days after receipt of the requested additional information. The decision may include any order as necessary to enforce the requirements of Iowa Code section 327F.39, as set forth in Iowa Code section 327F.39(6).

f. The department shall notify the driver and the railroad worker transportation company of the decision.

g. The decision is final agency action.

This rule is intended to implement Iowa Code sections 321.449A and 327F.39.

Notes

Iowa Admin. Code r. 761-810.6

Adopted by IAB July 4, 2018/Volume XLI, Number 1, effective 8/8/2018 Amended by IAB November 30, 2022/Volume XLV, Number 11, effective 1/4/2023