Sanctions, ch 615
ARC 9135C
TRANSPORTATION DEPARTMENT[761]
Adopted and Filed
Rulemaking related to sanctions
The Transportation Department hereby rescinds Chapter 615, “Sanctions,” 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 sections 252J.8, 307.12(1)“j,” 321.16, 321.180B, 321.194(10), 321.208, 321.210, 321.210A, 321.210D, 321.211, 321.213B, 321.513 and 321.560.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapter 17A: Iowa Code sections 232.52(2), 252J.1, 252J.8, 252J.9, 299.1B, 307.12(1)“j,” 321.1, 321.16, 321.177 through 321.216, 321.216C, 321.218, 321.261, 321.323A, 321.372, 321.445, 321.446, 321.491, 321.513, 321.555, 321.556, 321.560, 321A.4 through 321A.11, 321A.17, 321A.31, 321J.9, 321J.12, 321J.17, 321J.21, 331.665 and 707.6A; and 2024 Iowa Acts, Senate File 2109.
Purpose and Summary
This rulemaking repromulgates Chapter 615 in compliance with Executive Order 10. The Department is also aligning this chapter with 2024 Iowa Acts, Senate File 2109, related to special minor’s restricted licenses and minor’s restricted work licenses issued pursuant to Iowa Code sections 321.178 and 321.194.Chapter 615 establishes consistent requirements and transparency for the processes concerning all driver’s license and driving privilege sanctions the Department is required or authorized to initiate under the Iowa Code (with the exception of commercial driver’s license (CDL) disqualifications, operating while intoxicated (OWI) revocations, and financial responsibility law sanctions, which are covered in other applicable chapters). This chapter is intended to increase compliance with driver’s license sanctions, which are by law intended to ensure highway safety.
Public Comment and Changes to Rulemaking
Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on December 11, 2024, as ARC 8477C. Two public hearings were held on the following date:
●January 7, 2025
No one attended the public hearings. No public comments were received.
Changes from the Notice have been made within subrule 615.16(1) to correct “child support recovery unit” to “child support services” to comply with 2023 Iowa Acts, Senate File 514. References to 2024 Iowa Acts, Senate File 2109, have been removed because the Senate File has been codified in the 2025 Iowa Code.
Adoption of Rulemaking
This rulemaking was adopted by the Department on March 11, 2025.
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 11.
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 May 21, 2025.
The following rulemaking action is adopted:
ITEM 1.Rescind 761—Chapter 615 and adopt the following new chapter in lieu thereof:
CHAPTER 615
SANCTIONS
761—615.1(321) Definitions. The following definitions apply to this chapter:
“Accident free” as used in Iowa Code section 321.180B means the driver has not been involved in a contributive accident.
“Appropriate school authority” means the superintendent of a public school or the superintendent’s designee; the chief administrator of an accredited nonpublic school, an alternative school, or an adult education program or designee; or the primary instructor of a student who receives competent private instruction or independent private instruction.
“Contributive accident” or “contributed to an accident” means the driver was involved in an accident for which there is evidence in departmental records that the driver performed an act that resulted in or contributed to the accident or failed to perform an act which would have avoided or contributed to the avoidance of the accident.
“Deny” or “denial” means a rejection of an application for a license or a refusal to issue, renew or reinstate a license.
“Involvement in a motor vehicle accident” as used in Iowa Code section 321.180B means involvement in a contributive accident.
“License” means “driver’s license” as defined in Iowa Code section321.1(20A) unless the context otherwise requires.
“Moving violation,” unless otherwise provided in this chapter, means any violation of motor vehicle laws except:
1.Violations of equipment standards to be maintained for motor vehicles.
2.Parking violations as defined in Iowa Code section 321.210.
3.Child restraint and safety belt and harness violations under Iowa Code sections 321.445 and 321.446.
4.Violations of registration, weight and dimension laws.
5.Operating with an expired license.
6.Failure to appear.
7.Disturbing the peace with a motor vehicle.
8.Violations of Iowa Code section 321.20B for failure to provide proof of financial liability coverage.
“Sanction” means a license denial, cancellation, suspension, revocation, bar or disqualification.
This rule is intended to implement Iowa Code sections 321.1, 321.178, 321.180A, 321.189, 321.194, 321.210, 321.215, 321.445, 321.446 and 321.555.
761—615.2(321,321A,321J) Scope. This chapter of rules applies to any license. However:
615.2(1) Additional rules addressing denial, cancellation or disqualification of a commercial driver’s license are found in 761—Chapter 607, “Commercial Driver Licensing.”
615.2(2) Rules implementing Iowa Code chapter 321J are found in 761—Chapter 620, “OWI and Implied Consent.”
615.2(3) Rules implementing Iowa Code chapter 321A are found in 761—Chapter 640, “Financial Responsibility.”
This rule is intended to implement Iowa Code chapters 321, 321A and 321J.
761—615.3(307) Information and address. Applications, forms and information concerning license sanctions are available at any driver’s license service center or at www.iowadot.gov. Assistance is also available by mail from the Motor Vehicle Division, Iowa Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204; in person at 6310 SE Convenience Blvd., Ankeny, Iowa; or by telephone at 515.244.9124.
This rule is intended to implement Iowa Code section 307.12(1)“j.”
761—615.4(321) Habitual offender.
615.4(1) A person is determined to be a habitual offender under Iowa Code section 321.555(1) in accordance with the following point system:
a.Points are assigned to convictions as follows:
Conviction |
Points |
Perjury or the making of a false affidavit or statement under oath to the department of public safety |
2 points |
Driving while under suspension, revocation or denial (except Iowa Code chapter 321J) |
2 points |
Driving while under Iowa Code chapter 321J revocation or denial |
3 points |
Driving while barred |
4 points |
Operating a motor vehicle in violation of Iowa Code section 321J.2 |
4 points |
An offense punishable as a felony under the motor vehicle laws of Iowa or any felony in the commission of which a motor vehicle is used |
5 points |
Failure to stop and leave information or to render aid as |
5 points |
Eluding or attempting to elude a pursuing law enforcement vehicle in violation of Iowa Code section 321.279 |
5 points |
Serious injury by a vehicle in violation of Iowa Code section 707.6A(4) |
5 points |
Manslaughter resulting from the operation of a motor vehicle |
6 points |
b.Based on the points accumulated, the person is to be barred from operating a motor vehicle on the highways of this state as follows:
Points |
Length of bar |
6 – 7 |
2 years |
8 – 9 |
3 years |
10 – 12 |
4 years |
13 – 15 |
5 years |
16+ |
6 years |
615.4(2) A person declared to be a habitual offender under Iowa Code section 321.555(2) is to be barred from operating a motor vehicle on the highways of this state for one year.
615.4(3) A revocation under Iowa Code section 321.560 will begin on the date the previous revocation expires.
This rule is intended to implement Iowa Code sections 321.555, 321.556 and 321.560.
761—615.5(321) Suspension of a habitually reckless or negligent driver.
615.5(1) The department may suspend a person’s license for at least 60 days if the person is a habitually reckless or negligent driver of a motor vehicle. “Habitually reckless or negligent driver” means a person who has accumulated a combination of three or more contributive accidents and convictions for moving violations or three or more contributive accidents within a 12-month period.
615.5(2) In this rule, speeding violations specified in Iowa Code section 321.210(2)“d” and violations under Iowa Code section 321.276 are not included.
This rule is intended to implement Iowa Code section 321.210.
761—615.6(321) Suspension of a habitual violator.
615.6(1) The department may suspend a person’s license when the person is a habitual violator of the traffic laws. “Habitual violator” means that the person has been convicted of three or more moving violations committed within a 12-month period.
615.6(2) The minimum suspension periods are as follows unless reduced by a driver’s license hearing officer based on mitigating circumstances:
3 convictions in 12 months |
90 days |
4 convictions in 12 months |
120 days |
5 convictions in 12 months |
150 days |
6 convictions in 12 months |
180 days |
7 or more convictions in 12 months |
1 year |
615.6(3) In this rule, speeding violations specified in Iowa Code section 321.210(2)“d” and violations under Iowa Code section 321.276 are not included.
This rule is intended to implement Iowa Code section 321.210.
761—615.7(321) Suspension or denial for incapability. A person who is physically or mentally incapable of safely operating a motor vehicle is subject to license suspension or denial by the department.
615.7(1) Suspension or denial for incapability may be based on one or more of the following:
a.Receipt of a medical report or vision report stating that the person is not physically or mentally capable of safely operating a motor vehicle.
b.Failure of the person to appear for a required reexamination or failure to submit requested information within the specified time.
c.Ineligibility for licensing under Iowa Code sections321.177(4) through 321.177(7).
615.7(2) A suspension or denial under this rule will remain in effect until the department receives satisfactory evidence that the licensee has been restored to capability.
615.7(3) A person whose license has been suspended or denied for incapability may be eligible for a special noncommercial instruction permit under rule 761—602.21(321).
615.7(4) A person who has a valid Iowa license that would otherwise be suspended for incapability shall, in lieu of a suspension, be denied further licensing if there is less than 30 days’ validity on the license.
a.The denial will take effect when the license is no longer valid.
b.The license shall be surrendered to the department. The department shall issue a temporary driving permit that allows the person to drive until the effective date of the denial.
615.7(5) If a person who is denied licensing for incapability does not have a valid Iowa license, the department may refuse orally to issue a license, effective immediately, or may deny licensing in writing, effective on the date the denial notice is served.
This rule is intended to implement Iowa Code sections 321.177, 321.210, 321.212 and 321.216.
761—615.8(321) Suspension for unlawful use of a license. The department may suspend a person’s license upon receipt of a conviction or written law enforcement report that the person has permitted unlawful or fraudulent use of the license. The suspension period will be at least 30 but no more than 60 days.
This rule is intended to implement Iowa Code sections 321.210, 321.212 and 321.216.
761—615.9(321) Suspension or revocation for out-of-state offense. The department may suspend or revoke a person’s license when the department is notified by another state that the person committed an offense in that state that, if committed in Iowa, would be grounds for suspension or revocation. The notice may indicate either a conviction or a final administrative decision. The period of the suspension or revocation is to be the same as if the offense had occurred in Iowa.
This rule is intended to implement Iowa Code sections 321.205 and 321.210.
761—615.10(321) Suspension for a serious violation.
615.10(1) The department may suspend a person’s license when the person has committed a serious violation of the motor vehicle laws.
615.10(2) “Serious violation” means that:
a.The person’s conviction for a moving violation was accompanied by a written report from the arresting officer, the prosecuting attorney or the court indicating that the violation was unusually serious. The suspension period will be at least 60 days.
b.The person was convicted of a moving violation that contributed to a fatal motor vehicle accident. The suspension period will be at least 120 days.
c.The person was convicted for speeding 25 miles per hour (mph) or more above the legal limit. The minimum suspension period is as follows unless reduced by the department based on mitigating circumstances:
25 mph over the legal limit |
60 days |
26 mph over the legal limit |
65 days |
27 mph over the legal limit |
70 days |
28 mph over the legal limit |
75 days |
29 mph over the legal limit |
80 days |
30 mph over the legal limit |
90 days |
31 mph over the legal limit |
100 days |
32 mph over the legal limit |
110 days |
33 mph over the legal limit |
120 days |
34 mph over the legal limit |
130 days |
35 mph over the legal limit |
140 days |
36 mph over the legal limit |
150 days |
37 mph over the legal limit |
160 days |
38 mph over the legal limit |
170 days |
39 mph over the legal limit |
180 days |
40 mph over the legal limit |
190 days |
41 mph over the legal limit |
210 days |
42 mph over the legal limit |
230 days |
43 mph over the legal limit |
250 days |
44 mph over the legal limit |
270 days |
45 mph over the legal limit |
290 days |
46 mph over the legal limit |
310 days |
47 mph over the legal limit |
330 days |
48 mph over the legal limit |
350 days |
49 mph or more over the legal limit |
one year |
d.The person was convicted of violating Iowa Code section321.372(3) or a similar ordinance of any political subdivision. The suspension period will be:
(1)30 days for a first conviction.
(2)90 days for a second conviction.
(3)180 days for a third or subsequent conviction.
e.The person was convicted of violating Iowa Code section 321.323A or a similar ordinance of any political subdivision. The suspension period is established in Iowa Code section 321.323A(4)“c.”
This rule is intended to implement Iowa Code sections 321.210,321.323A,321.372 and 321.491.
761—615.11(321) Suspension under the nonresident violator compact. The department may suspend a person’s license when a report is received from another state under the nonresident violator compact that an Iowa licensee has failed to comply with the terms of a traffic citation. The suspension will continue until the department receives evidence of compliance with the terms of the citation, at which point the department shall issue a notice terminating the suspension.
This rule is intended to implement Iowa Code sections 321.210 and 321.513.
761—615.12(17A,321) Suspension for a charge of vehicular homicide; hearing and appeal process.
615.12(1) The department shall suspend a person’s license when the department receives notice from the clerk of the district court that an indictment or trial information has been filed charging the person with homicide by vehicle under Iowa Code section 707.6A(1) or 707.6A(2). The suspension takes effect ten days after the department’s suspension notice is issued.
615.12(2) In a contested case hearing, the sole issue is whether there is a possibility of a judgment being rendered against the person for homicide by vehicle under Iowa Code section 707.6A(1) or 707.6A(2). A suspension under this subrule will be upheld if there is evidence in department records that the indictment or trial information was found or approved by a grand jury, magistrate, or judge.
This rule is intended to implement Iowa Code chapter 17A and section 321.210D.
761—615.13(307,321) Suspension of a special minor’s restricted license and minor’s restricted work license.
615.13(1) Suspension of a special minor’s restricted license.
a.Suspensions issued under Iowa Code section 321.194(7) may be concurrent. Each suspension requires a separate three-month waiting period pursuant to Iowa Code section 321.194(7)“b.”
b.A written report submitted to the department by a peace officer, parent, guardian, custodian, or appropriate school authority will constitute evidence that the licensee violated the restrictions of the license.
c.A suspension issued under this subrule terminates when the person attains the age of 18.
615.13(2) Suspension of a minor’s restricted work license. The department may suspend a minor’s restricted license for at least 30 days upon receiving notice of the licensee’s conviction for one moving violation or evidence that the licensee has violated the license restrictions.
This rule is intended to implement Iowa Code sections 307.12(1)“j,” 321.178 and 321.194.
761—615.14(321) Suspension for nonpayment of fine, penalty, surcharge or court costs.
615.14(1) A suspension issued by the department under Iowa Code section 321.210A shall continue until the department receives notice from a clerk of the district court that all appropriate payments have been made, the person has entered into an executed installment agreement under Iowa Code section 321.210B, or the notice to suspend was submitted in error. Upon receipt of such notice, the department shall terminate the suspension.
615.14(2) An informal settlement, hearing or appeal to contest the suspension is limited to a determination of whether the facts required by Iowa Code section 321.210A and this subrule are true. The merits of the conviction will not be considered.
This rule is intended to implement Iowa Code sections 321.210A and 321.210B.
761—615.15(232,299,307,321) Suspensions for juveniles.
615.15(1) Suspension for juveniles adjudicated delinquent for certain offenses.
a.Pursuant to Iowa Code section 321.213A, the department will suspend the license of a person for one year upon receipt of an adjudication and dispositional order from the clerk of the juvenile court.
b.The department may issue to a person suspended under this subrule a temporary restricted license in accordance with rule 761—615.28(321) if issuance is permitted under Iowa Code section 321.215 and the person is otherwise eligible for the license. To obtain a temporary restricted license that is valid for educational or employment purposes, the applicant must meet the requirements for issuance of a special minor’s restricted license under Iowa Code section 321.194 and rule 761—602.26(321).
615.15(2) Suspension for juvenile’s failure to attend school.
a.The department shall suspend the driver’s license of a person of compulsory age upon receipt of notification from the appropriate school authority that the person is in violation of Iowa Code section 299.1B.
b.The suspension will continue until the person reaches the age of 18 or the department receives notification from the appropriate school authority that the person is no longer in violation of Iowa Code section 299.1B.
c.The department may issue to the person a minor’s restricted work license pursuant to Iowa Code section 321.178 and rule 761—602.25(321) if the person is eligible for the license.
This rule is intended to implement Iowa Code sections 232.52(2), 321.178, 321.213B, 299.1B, 307.12(1)“j,” 321.213, 321.213A and 321.215.
761—615.16(252J) Suspension upon receipt of a certificate of noncompliance.
615.16(1) From child support services.
a.The department shall suspend a person’s Iowa-issued driver’s license upon receipt of a certificate of noncompliance from the child support services.
b.The suspension shall continue until receipt of a withdrawal of the certificate of noncompliance from the child support services.
c.The filing of an application pursuant to Iowa Code section 252J.9 stays the suspension pending the outcome of the district court hearing.
615.16(2) Reserved.
This rule is intended to implement Iowa Code sections 252J.1, 252J.8 and 252J.9.
761—615.17(307,321) Suspension for violation of a license restriction. The department may suspend a person’s license when the department receives satisfactory evidence of a violation of a restriction imposed on the license. The suspension period is at least 30 days for the first violation and at least 90 days for subsequent violations.
This rule is intended to implement Iowa Code sections 307.12(1)“j” and 321.193.
761—615.18(307,321,707) Mandatory revocation.
615.18(1) A revocation issued by the department pursuant to Iowa Code section 321.209 shall be at least one year except as provided in Iowa Code section 321.212.
615.18(2) For purposes of issuing a revocation under Iowa Code section 321.209(2), “felony” includes a conviction that meets at least one of the following criteria:
a.The record provides specific factual findings by the court that a motor vehicle was used in the commission of the offense,
b.The record is accompanied by information from the prosecuting attorney indicating that a motor vehicle was used in the commission of the crime, or
c.The record indicates that the elements of the offense actually required the use of a motor vehicle.
This rule is intended to implement Iowa Code sections 307.12(1)“j,” 321.209, 321.212,321.261 and 707.6A.
761—615.19(307,321J) Extension of suspension or revocation period under Iowa Code chapter 321J. The department is to extend the period of license suspension or revocation for an additional like period when the person is convicted of operating a motor vehicle while the person’s license is suspended or revoked under Iowa Code chapter 321J.
This rule is intended to implement Iowa Code sections307.12(1)“j” and 321J.21.
761—615.20(321) Effective date of sanction. Unless otherwise specified by statute or rule, a suspension, revocation, disqualification or bar shall begin 30 days after the department’s notice of such action is served. However, a cancellation issued by the department under Iowa Code section 321.184, 321.185, 321.189, 321.191, or 321.201 will take effect ten days after the department’s notice of cancellation is served.
This rule is intended to implement Iowa Code sections 321.208, 321.209, 321.210 and 321.556.
761—615.21(321,321J,331) Service of notice.
615.21(1) The department shall send a notice of a sanction by first-class mail to the person’s mailing address as shown on departmental records.
615.21(2) In lieu of service by mail, the notice may be delivered by a peace officer, a departmental employee, or any person over 18 years of age.
a.The person serving the notice shall prepare a certificate of personal service certifying delivery, specifying the name of the receiver, the address and the date, or certifying nondelivery.
b.The department will pay fees for personal service of notice by a sheriff as specified in Iowa Code section 331.655. The department may also contract for personal service of notice when the department determines that it is in the best interests of the state.
615.21(3) The sanction shall become effective on the date specified in the notice.
615.21(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.
This rule is intended to implement Iowa Code sections 321.16, 321.211, 321.211A, 321.556, 321J.9, 321J.12 and 331.655.
761—615.22(17A,321,321J) Hearing and appeal process.
615.22(1) Applicability. This rule applies to:
a.License denials, cancellations and suspensions under Iowa Code sections 321.177 through 321.215 and 321A.4 through 321A.11 except suspensions under Iowa Code sections 321.213A and 321.213B.
b.License suspensions and revocations under Iowa Code sections 321.218 and 321J.21.
c.License revocations under Iowa Code sections 321.193 and 321.205.
d.Disqualifications from operating a commercial motor vehicle under Iowa Code section 321.208.
e.License bars under Iowa Code section 321.556.
615.22(2) Submission of request.
a.A person subject to a sanction listed in subrule 615.22(1) may contest the action by following the provisions of 761—Chapter 13 as supplemented by this rule.
b.A person may request an informal settlement, a contested case hearing, or an appeal of a presiding officer’s decision by submitting a request in writing to the motor vehicle division at the address in rule 761—615.3(17A).
c.The request is to include the person’s name, date of birth, driver’s license or permit number, mailing address and telephone number and the name, address and telephone number of the person’s attorney, if any.
d.A request for an informal settlement or a request for a contested case hearing will be deemed timely submitted if it is delivered to the motor vehicle division or postmarked within the time period specified in the department’s notice of the sanction.
(1)Unless a longer time period is specified in the notice or another time period is specified by statute or rule, the time period will be 20 days after the notice is served.
(2)However, a request to appeal a sanction under rule 761—615.7(321) or a denial of a license may be submitted at any time.
615.22(3) Informal settlement or hearing.
a.The person may request an informal settlement. Following an unsuccessful informal settlement procedure, or instead of that procedure, the person may request a contested case hearing.
b.Notwithstanding paragraph 615.22(3)“a,” a request received from a person who has participated in a driver improvement interview on the same matter shall be deemed a request for a contested case hearing.
615.22(4) Appeal. A request to appeal a presiding officer’s decision shall be submitted in accordance with 761—subrule 13.5(3).
615.22(5) Stay of sanction.
a.Upon receipt of a properly submitted, timely request under this rule, the department will review its records to determine whether the sanction may be stayed pending the outcome of the settlement, hearing or appeal unless prohibited by statute or rule or unless otherwise requested by the requester/appellant.
(1)If the stay is granted, the department will send a notice indicating the effective date of the stay. The notice allows the person to drive while the sanction is stayed if the license is valid and no other sanction is in effect.
(2)A person whose stay authorizes driving privileges shall carry the notice of stay at all times while driving.
b.Of the sanctions listed in subrule 615.22(1), the department shall not stay the following, and the person’s driving privileges do not continue:
(1)A suspension for incapability.
(2)A denial.
(3)A disqualification from operating a commercial motor vehicle.
(4)A suspension under Iowa Code section 321.180B.
(5)A suspension or revocation under Iowa Code section 321.218 or 321J.21.
This rule is intended to implement Iowa Code chapter 17A and sections 321.177 through 321.215, 321.218, 321.556, 321A.4 through 321A.11 and 321J.21.
761—615.23(307,321,321A) Surrender of license. A person whose Iowa license has been sanctioned shall surrender the license to the designated representative of the department on or before the effective date of the sanction.
This rule is intended to implement Iowa Code sections 307.12(1)“j,”321.201, 321.208, 321.210D, 321.212, 321.216, 321.556 and 321A.31.
761—615.24(321,321A,321J) License reinstatement or reissue. The department may reinstate the license when the sanction has ended if the person is otherwise eligible for issuance of the license and the person has:
615.24(1) Filed proof of financial responsibility under Iowa Code chapter 321A, when required, for all vehicles to be operated. Only the motor vehicles covered under the proof of financial responsibility filed by the applicant may be operated.
615.24(2) Paid the civil penalty when required by Iowa Code section 321J.17.
615.24(3) Complied with the specific instructions given in the department’s notice terminating the sanction.
615.24(4) Successfully completed any required driver license examinations.
615.24(5) Paid the reinstatement fee under Iowa Code section 321.191 when required.
615.24(6) Paid the appropriate license fee or duplicate license fee under Iowa Code sections 321.191 and 321.195.
This rule is intended to implement Iowa Code sections 321.186, 321.191, 321.195, 321.208, 321.212, 321A.17 and 321J.17.
761—615.25(321) Investigation of convictions based on fraud. A person requesting investigation of fraudulent use of a person’s name or other fraudulent identification that resulted in a record of conviction for a scheduled violation under Iowa Code chapter 321 and listed in Iowa Code section 805.8A may submit a written application to the department using Form 420049. The department will review the application and determine whether investigation is warranted under Iowa Code section 321.200A.
This rule is intended to implement Iowa Code section 321.200A.
761—615.26(321) Remedial driver improvement.
615.26(1) Pursuant to Iowa Code section 321.180B(3)“a,” remedial driver improvement action means any or all of the following as determined by the department: suspension, safety advisory letter, additional restriction(s), safety consultation, educational program, knowledge examination, or driving examination.
615.26(2) A suspension period under Iowa Code section 321.180B(3) shall be at least 30 days for the first violation, at least 60 days for the second violation, and at least 90 days for a third or subsequent violation. A person whose driving privilege has been suspended under this rule is not eligible for a temporary restricted license.
615.26(3) Any action under this rule terminates when a person attains the age of 18.
This rule is intended to implement Iowa Code section 321.180B.
761—615.27(307,321) Driver improvement program.
615.27(1) When required.
a.In lieu of suspension, the department may require the following persons to attend and successfully complete, at the person’s own expense, a driver improvement program approved by the department:
(1)A habitual violator.
(2)A person who is convicted for speeding at least 25 but not more than 29 miles per hour over the legal limit.
(3)A person whose license is subject to suspension under Iowa Code section 321.210C.
(4)A person who is convicted of a first offense violation of Iowa Code section 321.372(3) or a similar ordinance of any political subdivision.
b.However, a person is not eligible to attend a driver improvement program in lieu of suspension more than once within a two-year period.
615.27(2) Scheduling. The department shall forward the person’s contact information to the approved driver improvement program provider nearest the person’s last known address. The provider will schedule the person’s attendance at the provider’s next available program opening.
a.One request for rescheduling may be granted by the provider if the program begins within 30 days of the originally scheduled date and if space is available.
b.A request to attend a program in another state may be granted if the curriculum is approved by the department.
615.27(3) Probation. When a person is required to attend and successfully complete a driver improvement program, the person must immediately thereafter complete a one-year probationary driving period. The department may suspend the person’s license upon receipt of one conviction for a moving violation committed by the person during the probationary period. The suspension period will be for the length of the original underlying suspension.
615.27(4) Failure to attend. The department shall suspend the license of a person who is required to attend a driver improvement program and who does not attend, or does not successfully complete, the program. The suspension period will be for the length of the original underlying suspension.
This rule is intended to implement Iowa Code sections 307.12(1)“j,”321.210, 321.210C and 321.372.
761—615.28(252J,307,321,321J) Temporary restricted license (work permit).
615.28(1) A person is not eligible for a temporary restricted license under Iowa Code section 321.215 if the person is subject to the following sanctions:
a.License denial or cancellation.
b.License suspension for incapability.
c.License suspension for noncompliance with the financial responsibility law.
d.Suspension or revocation of a special minor’s restricted license or minor’s restricted work license.
e.License revocation under Iowa Code section 321.209(1) through 321.209(4) or revocation for a second or subsequent conviction for drag racing.
f.License bar under Iowa Code section 321.560 unless the applicant is declared to be a habitual offender under Iowa Code section 321.555(1)“c” or 321.555(2).
g.License suspension under Iowa Code section 252J.8.
h.License suspension under Iowa Code section 321.180B(3).
615.28(2) Application for a temporary restricted license is to be made online at www.iowadot.gov/mvd/driverslicense/Suspensions-and-Revocations#TempRL or using Form 430100 and submitted to the motor vehicle division at the address in rule 761—615.3(17A).
615.28(3) Theapplication is to be accompanied by supporting documentation signed by each entity able to attest to the applicant’s eligibility for each requested purpose authorized under Iowa Code section 321.215(1)“a”(1) through 321.215(1)“a”(6). An applicant under Iowa Code section 321.215(1)“a”(5) must also submit a copy of the court order for community service. Acceptable statements will explain the need for the license and list specific places and times for the activity that can be verified by the department.
615.28(4) A temporary restricted license issued for employment may include permission for the licensee to transport dependent children or adults between the licensee’s residence and a child or dependent adult care location, provided the care is essential for continuation of the licensee’s employment and the application includes a signed statement from the care provider.
615.28(5) An applicant for a temporary restricted license is also required to do all of the following:
a.File proof of financial responsibility under Iowa Code chapter 321A, if required, for all motor vehicles to be operated under the temporary restricted license.
b.Pay the civil penalty when required by Iowa Code section 321J.17.
c.Pass the appropriate examination for the type of vehicle to be operated under the temporary restricted license.
d.Pay any applicable reinstatement and license fees.
615.28(6) The department will determine the restrictions to be imposed by the temporary restricted license based on the documents submitted. The licensee may apply at any time to the department in writing with a justification for any requested change in license restrictions.
615.28(7) An applicant who has been denied a temporary restricted license or who contests the license restrictions imposed by the department may contest the decision in accordance with rule 761—615.22(321).
This rule is intended to implement Iowa Code chapter 321A and sections 252J.8, 307.12(1)“j,” 321.177, 321.178, 321.184, 321.185, 321.186, 321.189, 321.191, 321.193, 321.194, 321.195, 321.201, 321.205,321.209, 321.210, 321.210A, 321.212, 321.213A, 321.213B, 321.215, 321.218, 321.513, 321.560 and 321J.17.
[Filed 3/17/25, effective 5/21/25]
[Published 4/16/25]
EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/16/25.
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 4/16/2025.
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 761-13.5(3) Rule 761-602.21 Rule 761-602.25 Rule 761-602.26 Rule 761-615.1 Rule 761-615.10 Rule 761-615.11 Rule 761-615.12 Rule 761-615.13 Rule 761-615.14 Rule 761-615.15 Rule 761-615.16 Rule 761-615.17 Rule 761-615.18 Rule 761-615.19 Rule 761-615.2 Rule 761-615.20 Rule 761-615.21 Rule 761-615.22 Rule 761-615.22(1) Rule 761-615.22(3) Rule 761-615.23 Rule 761-615.24 Rule 761-615.25 Rule 761-615.26 Rule 761-615.27 Rule 761-615.28 Rule 761-615.3 Rule 761-615.4 Rule 761-615.5 Rule 761-615.6 Rule 761-615.7 Rule 761-615.8 Rule 761-615.9The following Iowa code references were added to this document. You may click a reference to view related notices.
Iowa Code 17A Iowa Code 232.52(2) Iowa Code 252J.1 Iowa Code 252J.8 Iowa Code 252J.9 Iowa Code 299.1B Iowa Code 307.12(1) Iowa Code 321 Iowa Code 321.1 Iowa Code 321.1(20A) Iowa Code 321.16 Iowa Code 321.177 Iowa Code 321.177(4) Iowa Code 321.177(7) Iowa Code 321.178 Iowa Code 321.180A Iowa Code 321.180B Iowa Code 321.180B(3) Iowa Code 321.184 Iowa Code 321.185 Iowa Code 321.186 Iowa Code 321.189 Iowa Code 321.191 Iowa Code 321.193 Iowa Code 321.194 Iowa Code 321.194(7) Iowa Code 321.195 Iowa Code 321.200A Iowa Code 321.201 Iowa Code 321.205 Iowa Code 321.208 Iowa Code 321.209 Iowa Code 321.209(1) Iowa Code 321.209(2) Iowa Code 321.209(4) Iowa Code 321.20B Iowa Code 321.210 Iowa Code 321.210(2) Iowa Code 321.210A Iowa Code 321.210B Iowa Code 321.210C Iowa Code 321.210D Iowa Code 321.211 Iowa Code 321.211A Iowa Code 321.212 Iowa Code 321.213 Iowa Code 321.213A Iowa Code 321.213B Iowa Code 321.215 Iowa Code 321.215(1) Iowa Code 321.216 Iowa Code 321.218 Iowa Code 321.261 Iowa Code 321.263 Iowa Code 321.276 Iowa Code 321.279 Iowa Code 321.323A Iowa Code 321.323A(4) Iowa Code 321.372 Iowa Code 321.372(3) Iowa Code 321.445 Iowa Code 321.446 Iowa Code 321.491 Iowa Code 321.513 Iowa Code 321.555 Iowa Code 321.555(1) Iowa Code 321.555(2) Iowa Code 321.556 Iowa Code 321.560 Iowa Code 321A Iowa Code 321A.11 Iowa Code 321A.17 Iowa Code 321A.31 Iowa Code 321A.4 Iowa Code 321J Iowa Code 321J.12 Iowa Code 321J.17 Iowa Code 321J.2 Iowa Code 321J.21 Iowa Code 321J.9 Iowa Code 331.655 Iowa Code 622.1 Iowa Code 707.6A Iowa Code 707.6A(1) Iowa Code 707.6A(2) Iowa Code 707.6A(4) Iowa Code 805.8AThe following keywords and tags were added to this document. You may click a keyword to view related notices.
Appeal Applicability Definitions Driver improvement program Effective date of sanction Failure to attend From child support services Habitual offender Hearing and appeal process Informal settlement or hearing Information and address Investigation of convictions based on fraud License reinstatement or reissue Mandatory revocation Probation Remedial driver improvement Scheduling Scope Service of notice Stay of sanction Submission of request Surrender of license Suspension for a serious violation Suspension for juvenile’s failure to attend school Suspension for unlawful use of a license Suspension for violation of a license restriction Suspension of a habitual violator Suspension of a habitually reckless or negligent driver Suspension of a minor’s restricted work license Suspension of a special minor’s restricted license Suspension or denial for incapability Suspension or revocation for out-of-state offense Suspension under the nonresident violator compact Suspension upon receipt of a certificate of noncompliance Suspensions for juveniles Temporary restricted license (work permit) When required© 2025 State of Iowa | Privacy Policy