ARC 0520D

ARC 0520D

TRANSPORTATION DEPARTMENT[761]

Notice of Intended Action

Proposing rulemaking related to OWI and implied consent
and providing an opportunity for public comment

    The Department of Transportation hereby proposes to amend Chapter 620, “OWI and Implied Consent,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code sections 307.12(1)“j,” 321J.17 and 321J.17A.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code sections 321J.17, 321J.17A and 321J.20.

Purpose and Summary

    The purpose of the proposed amendments is to clarify that reports of installations and deinstallations of ignition interlock devices from providers are to be submitted to the Department electronically through the Department’s new information technology (IT) system and provide greater flexibility in the issuance, as authorized by Iowa Code section 321J.20(6), of temporary restricted license extensions after an OWI license revocation period has ended.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on May 27, 2026. A public hearing was held on the following date(s):

     ?   June 23, 2026

    The Department received no comments.

Fiscal Impact

     This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 2504.

Public Comment

    Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on September 22, 2026. Comments should be directed to:

Public Hearing

    Public hearings at which persons may present their views orally will be held as follows:

    Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

    Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing impairments, should contact the Department and advise of specific needs.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

    The following rulemaking action is proposed:

    ITEM 1.  Amend paragraph 620.3(2)“b” as follows:

    b.  Provide certification of installation of an approved ignition interlock device on each vehicle required pursuant to Iowa Code section 321J.20(2) unless proof of installation is provided to the department electronically by the ignition interlock device provider.

    ITEM 2.  Amend subrule 620.4(2) as follows:

    620.4(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., in a manner approved by the department, the following notices and reports:

    (1)   Notices of installation and deinstallation of ignition interlock devices.

    (2)   Notices of violation occurrences.

    (3)   Final compliance reports.

    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.

    ITEM 3.  Amend rule 761—620.7(307,321,321J) as follows:

761—620.7(307,321,321J) Issuance of temporary restricted license after revocation period has expired. The department may automatically issue a temporary restricted license under Iowa Code section 321J.20(6) for six months from the end of the original revocation, unless if a longer period of time is necessary to complete the requirements for driver’s license reinstatement.

    620.7(1) An For extensions beyond six months, an applicant for a temporary restricted license under this rule must demonstrate to the satisfaction of the department one of the following:

    a.   That a course for drinking drivers was not readily available to the person during the revocation period and the six-month period after the revocation and that the applicant has enrolled in a course for drinking drivers. The applicant must furnish the dates the class will begin and end.

    b. and c. No change.

    620.7(2) No change.