ARC 8821C - Iowa Administrative Rules

Adopted and Filed

Behind-the-wheel driving instructor authorization, ch 23

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ARC 8821C

EDUCATIONAL EXAMINERS BOARD[282]

Adopted and Filed

Rulemaking related to behind-the-wheel driving instructor authorization

The Educational Examiners Board hereby rescinds Chapter 23, “Behind-the-Wheel Driving Instructor Authorization,” Iowa Administrative Code, and adopts a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code chapter 321 and section 256.146.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapter 321 and section 256.146.

Purpose and Summary

This chapter provides procedures for the issuance of behind-the-wheel authorizations. The Board is removing duplicative statutory language.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on October 30, 2024, as ARC 8300C. A public hearing was held on the following date(s):

●November 20, 2024

●December 2, 2024

No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Board on December 13, 2024.

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 Board for a waiver of the discretionary provisions, if any, pursuant to 282—Chapter 6.

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).

Effective Date

This rulemaking will become effective on February 26, 2025.

The following rulemaking action is adopted:

ITEM 1.Rescind 282—Chapter 23 and adopt the following new chapter in lieu thereof:

CHAPTER 23

BEHIND-THE-WHEEL DRIVING INSTRUCTOR AUTHORIZATION

282—23.1(256,321) Requirements.

23.1(1) Applicants for the behind-the-wheel driving instructor authorization will meet the requirements set forth by the department of transportation pursuant to rule 761—634.6(321).

23.1(2) To be eligible to provide classroom instruction, holders of the behind-the-wheel driving instructor authorization will additionally hold a valid or expired initial, standard, exchange, or master educator license with a teaching endorsement for 5-12 driver and safety education.

282—23.2(256,321) Validity. The behind-the-wheel driving instructor authorization is valid for one year from the date of issuance. The behind-the-wheel driving instructor authorization is valid only if the holder continues to be qualified under subrule 23.1(1).

282—23.3(256,321) Approval of courses. Each institution of higher education, private college or university, community college, or area education agency wishing to offer the behind-the-wheel driving instructor authorization will submit course descriptions to the department of transportation for approval. After initial approval, any changes by agencies or institutions in course offerings will be filed with the department of transportation.

These rules are intended to implement Iowa Code chapters 256 and 321.

[Filed 12/24/24, effective 2/26/25]

[Published 1/22/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/22/25.