ARC 9292C

ARC 9292C

Proposing rulemaking related to application for license
and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on February 19, 2025. A public hearing was held on the following date(s):

●March 13, 2025

The Department received no comments. The Department is making additional changes to the chapter to incorporate changes needed due to 2025 Iowa Acts, Senate File 418, which becomes effective July 1, 2025. Senate File 418 adds a new definition of “sex” in Iowa Code section 4.1A referring to sex as male or female as observed or clinically verified at birth. Senate File 418 also removes the process of obtaining an amended birth certificate to reflect a change in a person’s sex designation from Iowa Code section 144.23. Due to these Iowa Code changes, a person will no longer be able to change the sex designation on the person’s driver’s license to reflect a sex designation different than what is listed on the person’s identity document, thus necessitating the conforming changes to this chapter.

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

ITEM 1.Rescind 761—Chapter 601 and adopt the following new chapter in lieu thereof:

CHAPTER 601

APPLICATION FOR LICENSE

761—601.1(321) Information.

601.1(1) General. In addition to Iowa Code sections 321.182 and 321.196, this chapter provides information regarding how an applicant can qualify to apply for a driver’s license. Additional information regarding applications for a commercial driver’s license can be found in 761—Chapter 607.

601.1(2) Definition.

“License” means “driver’s license” as defined in Iowa Code section321.1(20A) unless the context otherwise requires.

601.1(3) Documents and location. Applications, forms and information about applying for a driver’s license are available at any driver’s license service center. Assistance is also available by mail from the Motor Vehicle Division, Iowa Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204; by telephone at 515.239.1837; by email at driver.services@iowadot.us; or on the department’s website at www.iowadot.gov/mvd/driverslicense.

This rule is intended to implement Iowa Code section 321.182.

761—601.2(321,321C) Application for license. An application for a driver’s license is to include the following:

601.2(1) Name. The applicant’s full legal name is to be given on the application. “Full legal name” means an individual’s first name(s), middle name(s) and last name(s), without use of initials or nicknames. Civilian and military titles, initials and nicknames are not to be used on the applicant’s license or in the applicant’s record. This does not apply where a portion of an individual’s legal name, whether first, middle or last, consists of a single character, whether followed by a period or not.

601.2(2) Out-of-state verification. Upon application for a driver’s license, the department is to ascertain whether the applicant has ever held, or is the holder of, a driver’s license issued by any other state.

a.The department will not issue a driver’s license to the applicant if:

(1)The applicant has held a driver’s license issued by any other state, but the driver’s license has been suspended by reason, in whole or part, of a violation and if such suspension period has not terminated.

(2)The applicant has held a driver’s license issued by any other state, but the driver’s license has been revoked by reason, in whole or part, of a violation and if such revocation has not terminated, except that after the expiration of one year from the date the license was revoked, the applicant may make application for a new license if permitted by law. The department may refuse to issue a license to any such applicant if, after investigation, the department determines that it will not be safe to grant such applicant the privilege of driving a motor vehicle on the highways.

(3)The applicant is the holder of a driver’s license issued by another state and currently in force unless the applicant surrenders such license.

b.If the applicant is subject to subparagraph 601.2(2)“a”(2) or has committed an offense or acted in a manner in another state that in Iowa would be grounds for revocation and it has been more than one year from the date the license or driving privilege was revoked, the department may issue the applicant a driver’s license only upon such terms and conditions and subject to such restrictions or limitations as if the violation had been committed and the revocation imposed in Iowa. The department will delay licensing or restrict licensing for such period of time that the applicant would be ineligible for a driving privilege or subject to a restricted driving privilege if the violation had been committed and the revocation imposed in Iowa.

(1)The department may grant a driving privilege to an applicant who meets all of the following:

1.The applicant has satisfied the same requirements as if the violation had been committed and the revocation imposed in Iowa.

2.The applicant is otherwise physically and mentally capable of safely operating a motor vehicle.

(2)The department will not assess a civil penalty to the applicant as a condition of licensing under this subrule.

(3)Pursuant to Iowa Code section 321.13, the department may make further investigation or request further information necessary to determine whether it is safe to grant the applicant a driving privilege.

c.The department may verify the applicant’s driving record from another state of record, including electronically, to assist the department in determining whether it is safe to grant the applicant a license.

601.2(3) Disabilities. The applicant is to indicate and explain any mental or physical disabilities that might affect the applicant’s ability to operate a motor vehicle safely. The department may make further inquiries of the applicant or request further information necessary to determine whether it is safe to grant the applicant a driving privilege, including but not limited to requesting an examination authorized under Iowa Code section 321.186.

601.2(4) Physical description. The applicant shall provide the applicant’s sex designation, height to the nearest inch, weight to the nearest pound and eye color.

601.2(5) Address. The applicant shall provide the applicant’s current residential address andcurrent mailing address, if different from the applicant’s current residential address. A mailing address for which a forwarding order with the United States Postal Service is in place is not acceptable. Notwithstanding anything in subrule 601.2(5), an applicant who is a participant in the “safe at home” address confidentiality program administered by the Iowa secretary of state may submit a designated address issued to the applicant by the Iowa secretary of state as the applicant’s residential and mailing address.

601.2(6) Signature.

a.The applicant’s signature shall be without qualification and shall contain only the applicant’s usual signature without any other titles, characters or symbols.

b.The applicant’s signature certifies, under penalty of perjury and pursuant to the laws of the state of Iowa, that the statements made and information provided in the applicant’s application are true and correct.

c.The applicant’s signature further certifies that the fee collected and the change returned, if any, is correct and acknowledges that the applicant is aware of the obligation to notify the department of a change in mailing address within 30 days of the change.

d.The applicant’s signature will be captured electronically.

601.2(7) Surrender of license and nonoperator’s identification card. An applicant for a driver’s license shall surrender all other driver’s licenses and nonoperator’s identification cards. This includes those issued by a state other than Iowa or a foreign jurisdiction unless otherwise provided in a letter of understanding or other written memorialization of reciprocity or understanding. An applicant who renews a driver’s license electronically pursuant to 761—subrule 605.25(7) shall destroy the previous driver’s license upon receipt of the renewed driver’s license.

This rule is intended to implement Iowa Code sections 321.13, 321.177, 321.182, 321.186, 321.196 and 321C.1 and 6 CFR Part 37.

761—601.3(321) Emergency contact information. Pursuant to Iowa Code section 321.197, a person may voluntarily provide the department with emergency contact information.

601.3(1) Form and submission.

a.Emergency contact information may be provided to the department through any of the following methods:

(1)By submitting Form 430305 to the department’s address or website listed in subrule 601.1(3) or by email at emergencyinfo.contact@iowadot.us.

(2)In person at a driver’s license service center.

(3)In person at a county treasurer’s office that issues driver’s licenses under Iowa Code chapter 321M.

b.Submission of emergency contact information is not a condition of issuing, renewing or replacing a driver’s license.

601.3(2) Modifications.

a.A person may request changes to the person’s emergency contact information by entering those changes on the department’s website or by submitting Form 430305 to the department using any of the methods provided in paragraph 601.3(1)“a.”

b.A person may request to be removed as an emergency contact by submitting Form 430306 to the department at the address or website listed in subrule 601.1(3) or by email at emergencyinfo.contact@iowadot.us.

c.A person who was removed as an emergency contact under paragraph 601.3(2)“b” will not again be listed as the person’s emergency contact unless the person submits Form 430306 to the department at the address or website listed in subrule 601.1(3) or by email at emergencyinfo.contact@iowadot.us.

This rule is intended to implement Iowa Code section 321.197.

761—601.4(17A,321) Proofs submitted with application. An applicant for a new Iowa driver’s license or nonoperator’s identification card, including a person who currently holds a license or card issued by another state or foreign jurisdiction, shall submit proof of identity, date of birth, social security number, Iowa residency and current residential address and lawful status in the United States.

601.4(1) Verification of identity and date of birth. To establish identity and date of birth, an applicant must submit at least one of the following documents. The department may require additional documentation.

a.A valid, unexpired U.S. passport or U.S. passport card.

b.A certified copy of a birth certificate and, if applicable, a certified amended or new birth certificate showing a change in name or date of birth, filed with a state office of vital statistics or equivalent agency in the applicant’s state of birth. The birth certificate must bear the issuing authority’s certification of authenticity. A hospital-issued certificate is not acceptable. As used herein, “state” means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands.

c.A Consular Report of Birth Abroad issued by the U.S. Department of State (Form FS-240, DS-1350 or FS-545).

d.A valid, unexpired Permanent Resident Card (Form I-551) issued by the U.S. Department of Homeland Security or U.S. Immigration and Naturalization Service.

e.An unexpired employment authorization document issued by the U.S. Department of Homeland Security (Form I-766 or Form I-688B).

f.An unexpired foreign passport with a U.S. visa affixed, accompanied by the approved I-94 form documenting the applicant’s most recent admittance into the United States.

g.A Certificate of Naturalization issued by the U.S. Department of Homeland Security (Form N-550 or Form N-570).

h.A Certificate of Citizenship (Form N-560 or Form N-561) issued by the U.S. Department of Homeland Security.

i.A REAL ID driver’s license or identification card as defined in 6 CFR Section 37.3.

j.Such other documents as the U.S. Department of Homeland Security may designate as acceptable proof of identity and date of birth for REAL ID purposes by notice published in the Federal Register.

k.A federal release identification card issued by the U.S. Department of Justice or Federal Bureau of Prisons or an Inmate Descriptor Inquiry, Client Information Inquiry or Offender Snapshot document issued by the Iowa department of corrections or the United States District Court, Northern and Southern Districts of Iowa, that contains the applicant’s full legal name and date of birth and is notarized. An application that includes only a document listed in this paragraph as proof of identity and date of birth is only eligible for a driver’s license or nonoperator’s identification card marked as not acceptable for federal purposes pursuant to 6 CFR Part 37.

601.4(2) Verification of social security number.

a.Except as provided in paragraph 601.4(2)“b,” an applicant must provide the applicant’s Social Security Administration’s account number.

b.An applicant who establishes identity by presenting the identity document listed in paragraph 601.4(1)“f” (unexpired foreign passport with a valid, unexpired U.S. visa affixed and accompanied by the approved I-94 form documenting the applicant’s most recent admittance into the United States) must provide the applicant’s social security number or demonstrate non-work authorized status.

601.4(3) Verification of Iowa residency and current residential address.

a.An applicant must present two documents that include the applicant’s name and current Iowa residential address and that demonstrate residency in the state of Iowa. Acceptable documents are issued by a person, organization or entity other than the applicant that include the issuer’s name and address, include the applicant’s name and current residential address and demonstrate residency in the state of Iowa. Acceptable documents are reasonable, authentic documents capable of verification by the department.

b.An acceptable address is a street or highway address and not a post office box. In areas where a number and street name have not been assigned, an address convention used by the U.S. Postal Service is acceptable. The current residence of a person with more than one dwelling is the dwelling for which the person claims a homestead tax credit under Iowa Code chapter 425, if applicable.

c.An applicant who is a member of the armed forces and is an Iowa resident stationed in another state or an applicant who is the spouse or dependent family member residing with a member of the armed forces that is an Iowa resident stationed in another state may use the applicant’s address in the state of station as the applicant’s current residential address if the applicant does not maintain an Iowa residence during the applicant’s deployment outside the state of Iowa. The applicant must provide official documentation confirming the applicant’s residential address in the state of station and that the applicant is stationed in that state. The applicant’s mailing address may be the applicant’s current residential address or another address at which the applicant receives mail.

601.4(4) Verification of lawful status in the United States.

a.If an applicant presents one of the identity documents listed under subrule 601.5(1), the department’s verification of that identity document is satisfactory evidence of lawful status.

b.An applicant who presents only a document listed under paragraph 601.4(1)“e,” “f” or “i” is not eligible to receive a driver’s license or nonoperator’s identification card marked as REAL ID compliant unless the applicant also provides one of the other documents listed in subrule 601.4(1) or another United States Department of Homeland Security-approved document.

601.4(5) Verification of name change. The name listed on the driver’s license or nonoperator’s identification card that is issued will be identical to the name listed on the identity document submitted unless the applicant submits the chain of legal documents necessary to show the legal change of the applicant’s name from the identity document submitted to the applicant’s current legal name under paragraph 601.4(5)“a” or “b.” Alternatively, an applicant who is an existing Iowa licensee or cardholder may confirm the applicant’s current legal name as displayed on the applicant’s license or card under the provisions of paragraph 601.4(5)“c.” The following documents are acceptable:

a.Court-ordered name change. A court order must contain the applicant’s prior legal name, the applicant’s court-ordered legal name, and the court’s certification of authenticity. Acceptable court orders include orders under petition for name change, orders for name change set forth in a decree of dissolution, and orders for name change set forth in a decree of adoption.

b.Certified copy of marriage certificate. The marriage certificate must be filed with a state office of vital statistics or equivalent agency in the person’s state or country of marriage. The certificate must bear the issuing authority’s certification of authenticity. A church, chapel or similarly issued certificate is not acceptable. As used herein, “state” means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands.

c.Social security records match. The applicant must establish that the applicant’s Social Security Administration’s account number is issued in the applicant’s current legal name as verified by the department with the Social Security Online Verification (SSOLV) system in accordance with 6 CFR Section 37.13(b)(2) effective January 1, 2024.

601.4(6) Verification of change of date of birth. The date of birth listed on the driver’s license or nonoperator’s identification card that is issued will be identical to the date of birth listed on the identity document submitted unless the applicant submits a certified amended or new birth certificate that documents the change of date of birth and complies with paragraph 601.4(1)“b.”

601.4(7) Verification of sex designation. The sex designation listed on the driver’s license or nonoperator’s identification card that is issued will be identical to the sex designation listed on the identity document submitted.

601.4(8) Exception process. As provided in 6 CFR Section 37.11(h) (REAL ID exceptions process) effective January 1, 2024, and notwithstanding any other provisions of this chapter or 761—Chapter 11 to the contrary, an applicant who, for reasons beyond the applicant’s control, is unable to present a necessary document under this rule may apply to the department for an exception as provided in this subrule.

a.To apply for an exception under this rule, an applicant is to submit a written request to the department at the address or email address listed in subrule 601.1(3) or in person at any driver’s license service center containing all of the following:

(1)The applicant’s name, address, date of birth and contact information.

(2)Whether the applicant is applying for a driver’s license or nonoperator’s identification card.

(3)A description of the necessary verification of identity and date of birth or verification of name change documents under this rule that the applicant is unable to provide and the reason why it is beyond the applicant’s control to provide the document.

(4)Any alternate document or other proof that exists to verify the facts contained in the missing document, which may include an approved I-94 form documenting the applicant’s most recent admittance into the United States as verified by the U.S. Department of Homeland Security in accordance with 6 CFR Section 37.13 effective January 1, 2024.

(5)Any other information or proof required by the department.

b.The motor vehicle division director or the director’s designee may grant an exception under this rule if all of the following apply:

(1)The applicant has submitted a written request with all of the required documentation under paragraph 601.4(8)“a.”

(2)The applicant, as determined by the department, has sufficiently demonstrated that the applicant is unable to provide a necessary document under this rule due to reasons beyond the applicant’s control.

(3)The application of the subject rule will pose an undue hardship on the applicant, as determined by the department.

(4)Granting the exception will not prejudice the substantial legal rights of any person, as determined by the department.

c.The department may place any condition on an exception issued under this rule that the department finds necessary to carry out the department’s functions.

d.An exception under this subrule does not apply to a required document under subrule 601.4(2).

e.An alternate document accepted under this exception process to satisfy the provisions of subrule 601.4(4) is only allowed if the document demonstrates United States citizenship as required by 6 CFR Section 37.11(h) effective January 1, 2024.

f.An applicant’s inability to pay for a necessary document under this rule does not meet the criteria for an exception under this subrule.

g.Nothing in this subrule requires the department to issue a driver’s license or nonoperator’s identification card if the applicant is not otherwise eligible. The department reserves the right to modify or cancel an exception at any time if the department finds that anything in the exception application or accompanying documentation was based on fraud or misrepresentation by the applicant or if the modification or cancellation is necessary based on a change in circumstances of the applicant.

h.An applicant whose request for exception under this rule has been denied may contest the decision in accordance with Iowa Code chapter 17A and 761—Chapter 13. The request for a hearing may be submitted in writing to the motor vehicle division. The request is to include, as applicable, the applicant’s name, driver’s license or nonoperator’s identification number, date of birth, complete address and telephone number. The request is to be submitted within 20 days after the date of the notice of exception denial.

This rule is intended to implement Iowa Code chapter 17A; section 4.1A as enacted by 2025 Iowa Acts, Senate File 418; sections 321.13, 321.182 and321.189; the REAL ID Act of 2005 (49 U.S.C. Section 30301 note) as amended by the REAL ID Modernization Act, H.R. 133, Division U, Title X; and 6 CFR Part 37.

761—601.5(321) Parent’s, guardian’s, or custodian’s consent. The application of an unmarried person under the age of 18 years is subject to the following:

601.5(1) Form 430018, Parent’s, Guardian’s or Custodian’s Consent to Issue Driver’s License or Permit, or its equivalent must be submitted at the time of issuance or to the email address listed in subrule 601.1(3).

601.5(2) The form shall contain the verified consent and confirmation of the applicant’s date of birth and be signed by either parent of the applicant, the guardian of the applicant, or a person having custody of the applicant under Iowa Code chapter 232 or 600A.

601.5(3) The signature, which may be electronic, is to be dated and subject to the following verification or its equivalent: “I certify under penalty of perjury and pursuant to the laws of the state of Iowa that the preceding is true and correct.” No exception will be made for the parent’s, guardian’s or custodian’s absence from Iowa. A married person under the age of 18 years shall submit a marriage certificate that complies with paragraph 601.4(5)“b” in lieu of the consent form.

This rule is intended to implement Iowa Code section 321.184.

761—601.6(321) REAL ID driver’s license. A person who seeks a driver’s license that is compliant with the REAL ID Act of 2005, 49 U.S.C. Section 30301 note, as implemented in 6 CFR Part 37 (“REAL ID driver’s license”) effective January 1, 2024, must meet and comply with all lawful requirements for an Iowa driver’s license and must also meet and comply with all application and documentation requirements set forth at 6 CFR Part 37, including but not limited to documentation of identity, date of birth, social security number, address of principal residence and evidence of lawful status in the United States. Documents and information provided will be verified pursuant to 6 CFR Section 37.13. An applicant for a REAL ID driver’s license is subject to a mandatory facial image capture that meets the requirements of 6 CFR Section 37.11(a). A REAL ID driver’s license may not be issued, reissued or renewed except as permitted in 6 CFR Part 37 and may not be issued, reissued or renewed by any procedure, in any circumstance, to any person or for any term prohibited under 6 CFR Part 37. The information on the front of any REAL ID driver’s license must include all information and markings required by 6 CFR Section 37.17. Nothing in this rule requires a person to obtain a REAL ID driver’s license.

This rule is intended to implement Iowa Code chapter 321; the REAL ID Act of 2005 (49 U.S.C. Section 30301 note) as amended by the REAL ID Modernization Act, H.R. 133, Division U, Title X; and 6 CFR Part 37.