ARC 2921C

ARC 2921C

TRANSPORTATION DEPARTMENT[761]

Notice of Intended Action

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code sections 307.12 and 307A.2, the Iowa Department of Transportation hereby gives Notice of Intended Action to amend Chapter 615, "Sanctions," Iowa Administrative Code.

The Department proposes to update the rule regarding service of notice to further streamline the process of documenting when the Department mailed a notice by allowing the Department to confirm and certify under penalty of perjury that the mailing was properly sent and to remove unnecessary language related to what must occur if the Department determines it failed to send a notice since these requirements are already clearly outlined in statute.

These rules do not provide for waivers. Any person who believes that the person's circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11.

Any person or agency may submit written comments concerning this proposed amendment or may submit a written request to make an oral presentation. The comments or request shall:

1.Include the name, address, and telephone number of the person or agency authoring the comments or request.

2.Reference the number and title of the proposed rule, as given in this Notice, that is the subject of the comments or request.

3.Indicate the general content of a requested oral presentation.

4.Be addressed to Tracy George, Rules Administrator, Iowa Department of Transportation, Operations and Finance Division, 800 Lincoln Way, Ames, Iowa 50010; e-mail: tracy.george@iowadot.us.

5.Be received by the Department's rules administrator no later than February 21, 2017.

A meeting to hear requested oral presentations is scheduled for Thursday, February 23, 2017, at 10 a.m.at the Iowa Department of Transportation's Motor Vehicle Division offices located at 6310 SE Convenience Boulevard, Ankeny, Iowa.

The meeting will be canceled without further notice if no oral presentation is requested.

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

This amendment is intended to implement Iowa Code section 321.16.

The following amendment is proposed.

Amend rule 761—615.37(321) as follows:

761—615.37(321) Service of notice.

615.37(1) to 615.37(3) No change.

615.37(4) The department may prepare an affidavit of mailing verifying the fact that a notice was mailed by first-class mail. To verify the mailing of a notice, the department may use its records in conjunction with U.S. Postal Service records available to the department. The department's affidavit of mailing may be attested to and certified in accordance with Iowa Code section 622.1.

615.37(5) The department shall prepare an affidavit of mailing if the department determines, under Iowa Code section 321.211A, that it failed to serve a notice of suspension or revocation. The department shall send the affidavit to the court that rendered the conviction.

This rule is intended to implement Iowa Code sections 321.16, 321.211, 321.211A, 321.556, 321J.9, 321J.12, and 331.655.