Iowa Admin. Code r. 761-620.3 - Issuance of temporary restricted license
(1)
Eligibility and
application.
a. The department may
issue a temporary restricted license to a person who is eligible under and for
the purposes listed in Iowa Code chapter 321J. The department shall not issue a
temporary restricted license to a person who is otherwise ineligible.
b. To apply for a temporary restricted
license, an applicant shall, at any time before or during the revocation
period, submit application Form 430400 to the motor vehicle division. The
application form should be furnished by the arresting officer. It may also be
obtained upon oral or written request to the motor vehicle division.
(2)
Additional
requirements. A person applying for a temporary restricted license
shall also comply with all of the following requirements:
a. Provide a description of all motor
vehicles operated under the temporary restricted license if the person has no
previous operating while intoxicated conviction or revocation. If the person
has a second or subsequent operating while intoxicated conviction or
revocation, the person shall provide a description of all motor vehicles owned
by such person or operated under the temporary restricted license.
b. Submit proof of financial responsibility
under Iowa Code chapter 321A for all motor vehicles owned or operated under the
temporary restricted license.
c.
Provide certification of installation of an approved ignition interlock device
on every motor vehicle operated if the person has no previous operating while
intoxicated conviction or revocation. If the person has a second or subsequent
operating while intoxicated conviction or revocation, the person shall provide
certification of installation of an approved ignition interlock device on every
motor vehicle owned by such person or operated under the temporary restricted
license.
d. Pay the $200 civil
penalty.
(3)
Issuance and restrictions.
a. The department shall not issue the
temporary restricted license until the application is approved, all
requirements are met, the applicable reinstatement and license fees have been
paid, and the applicant has passed the appropriate examination for the type of
vehicle to be operated under the temporary restricted license.
b. The department shall determine the
restrictions to be imposed by the temporary restricted license. The licensee
shall apply to the department in writing with a justification for any requested
change in license restrictions.
(4)
Denial. A person who has
been denied a temporary restricted license or who contests the restrictions
imposed by the department may request an informal settlement conference by
submitting a written request to the director of the motor vehicle division.
Following an unsuccessful informal settlement or instead of that procedure, the
person may request a contested case hearing in accordance with rule
761-620.4(321J).
Notes
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