ARC 9295C - Iowa Administrative Rules

Notice of Intended Action

Driver’s licenses for undercover law enforcement officers, ch 625

Untitled document

ARC 9295C

TRANSPORTATION DEPARTMENT[761]

Notice of Intended Action

Proposing rulemaking related to driver’s licenses for undercover law enforcement officers
and providing an opportunity for public comment

The Transportation Department hereby proposes to rescind Chapter 625, “Driver’s Licenses for Undercover Law Enforcement Officers,” Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code sections 307.12(1)“j” and 321.189A.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, 6 CFR 37.11 and Iowa Code sections 22.7, 80G.3, 321.189, 321.189A and 321.196.

Purpose and Summary

This rulemaking proposes to repromulgate Chapter 625 in compliance with Executive Order 10. Proposed Chapter 625 complies with Iowa Code section 321.189A, which requires the Department to adopt rules to administer undercover driver’s licenses. An undercover driver’s license can be issued to peace officers for use in the line of duty when a fictitious identity is necessary.

Regulatory Analysis

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 14, 2025

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 11.

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 June 18, 2025. Comments should be directed to:

Sara Siedsma
Department of Transportation
DOT Rules Administrator, Office of the Director
800 Lincoln Way
Ames, Iowa 50010
Phone: 515.237.3058
Email: sara.siedsma@iowadot.us

Public Hearing

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

June 18, 2025 12:30 to 1 p.m.	Microsoft Teams link Or dial: 515.817.6093 Conference ID: 765 070 813#
June 18, 2025 2:30 to 3 p.m.	Microsoft Teams link Or dial: 515.817.6093 Conference ID: 662 350 454#

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 Sara Siedsma 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.Rescind 761—Chapter 625 and adopt the following new chapter in lieu thereof:

CHAPTER 625

DRIVER’S LICENSES FOR UNDERCOVER LAW ENFORCEMENT OFFICERS

761—625.1(321) Application.

625.1(1) The application for an undercover driver’s license must:

a.Be in writing.

b.Include a fictitious name as well as the applicant’s true identity.

c.Include a statement of need.

d.Be signed by both the applicant and the head of the law enforcement agency employing the applicant.

e.Be submitted to the Motor Vehicle Division, Iowa Department of Transportation, 6310 SE Convenience Boulevard, Ankeny, Iowa 50021.

625.1(2) All applications will be investigated by the department. An investigation will include but not be limited to a 50-state check of the fictitious name and verification of the applicant’s employment with the sponsoring law enforcement agency.

625.1(3) The department will determine if the undercover license is necessary.

625.1(4) The department may approve or deny the application based on the results of the investigation and the determination of necessity.

625.1(5) An applicant employed by a state or local law enforcement agency that is located in a state other than Iowa is not eligible for an undercover driver’s license issued under this chapter.

761—625.2(321) Issuance and cancellation.

625.2(1) To obtain an undercover license after the application is approved, the applicant is to appear at the Motor Vehicle Division offices, Iowa Department of Transportation, 6310 SE Convenience Boulevard, Ankeny, Iowa, with all applicable documents necessary for the issuance of an undercover license.

625.2(2) In accordance with the provisions in 6 CFR Section 37.11 effective as of January 1, 2024, the requirements under rule 761—601.5(321) are waived for the issuance of an undercover license.

625.2(3) An undercover license may not be renewed. The department may issue a subsequent new undercover license to an applicant who submits a new application and continues to meet the requirements of rule 761—625.1(321).

625.2(4) When the need for an undercover license no longer exists or if the licensee ceases to be employed by the sponsoring law enforcement agency, the licensee shall surrender the undercover license to the motor vehicle division for cancellation.

761—625.3(22,80G,321) Records.

625.3(1) Applications, forms and other records of the department that establish the true identity of an applicant or licensee under this chapter are confidential public records under Iowa Code sections 22.7, 80G.3 and 321.189A. The fictitious license information itself is not confidential, except as provided in Iowa Code section 321.11.

625.3(2) The open public records of the department will not contain any information or indicator that would distinguish any undercover license issued under this chapter from any other driver’s license issued by the department.

625.3(3) An undercover license issued under this chapter will appear on the driver’s license record system.

These rules are intended to implement Iowa Code sections 22.7, 80G.3, 321.189, 321.189A and 321.196 and 6 CFR Section 37.11 effective as of January 1, 2025.