TRANSPORTATION DEPARTMENT[761]
Rules transferred from agency number [820] to [761] to conform with the reorganization numbering scheme in general IAC Supp. 6/3/87. Railway Finance Authority[765] is a division under this “umbrella.” See also Table of Corresponding Numbers.
GENERAL
CHAPTER 1
ORGANIZATION OF THE DEPARTMENT OF TRANSPORTATION
1.3(17A) Location and business hours
1.4(17A) Information and forms
1.7(17A,307) Director of transportation
CHAPTER 2
PROVISIONS APPLICABLE TO ALL RULES
CHAPTER 4
PUBLIC RECORDS AND FAIR
INFORMATION PRACTICES
(Uniform Rules)
4.1(22,304) General provisions
4.2(22) Statement of policy and purpose
4.4(22) Access to confidential records
4.5(22) Consent to release a confidential record to a third party
4.6(22) Requests for confidential treatment
4.7(22) Procedure by which additions, dissents, or objections may be entered into records
4.8(22) Notice to suppliers of information
CHAPTER 10
ADMINISTRATIVE RULES
10.3(17A) Petitions for rule making
11.2(17A) Authority to grant waiver
11.3(17A) Criteria, considerations and limitations
11.7(17A) Modification or cancellation of waiver
12.2(17A) Petition for declaratory order
12.5(17A) Effect of a declaratory order
13.3(17A) Initiation of contested case
13.4(17A) Submission of request for informal settlement or hearing
13.6(17A) Contested case decision
13.10(17A) Maintenance of records
13.11(17A) Use of legal assistants or paralegals
13.20(17A) Additional procedures when the department is not a party
CHAPTER 20
PROCUREMENT OF EQUIPMENT, MATERIALS, SUPPLIES AND SERVICES
20.4(307) Formal advertising procedures and requirements
20.5(307) Limited solicitation of bids
CHAPTER 25
COMPETITION WITH
PRIVATE ENTERPRISE
CHAPTER 27
INTEREST ON RETAINED FUNDS
27.1(573) Interest on retained funds
CHAPTER 28
IOWA TRANSPORTATION MAP
CHAPTER 40
RECOVERY OF DAMAGES TO HIGHWAYS OR HIGHWAY STRUCTURES
40.5(321) Repair of facilities
HIGHWAYS
CHAPTER 101
FARM–TO–MARKET REVIEW BOARD
101.3(306) Composition and membership of the farm–to–market review board
101.4(306) Collection of system modification requests and frequency of meetings
101.5(306) Procedure for requesting modifications to the farm–to–market road system
101.7(306) Voting and approval of requested modifications
101.8(306) Report of board decision to applicant county
101.9(306) Reapplication for modification
101.11(306) Adoption and modification of rules
101.12(306) Severability clause
CHAPTER 102
SECONDARY ROAD FUND DISTRIBUTION COMMITTEE
102.5(312) Composition and membership of the secondary road fund distribution committee
102.6(312) Terms of office and rotation of seats
102.10(312) Considerations for a new or modified distribution formula
102.11(312) Process for approval of a new or modified distribution formula
102.13(312) Severability clause
CHAPTER 105
HOLIDAY REST STOPS
105.4(321) Holiday rest stops on interstate highways
105.5(307) Holiday rest stops on primary highways
CHAPTER 106
PROMOTION OF IOWA AGRICULTURAL PRODUCTS AT REST AREAS
RIGHT–OF–WAY AND ENVIRONMENT
CHAPTER 110
HIGHWAY PROJECT PLANNING
110.1(17A) Availability of information
CHAPTER 111
REAL PROPERTY ACQUISITION AND
RELOCATION ASSISTANCE
111.1(316) Acquisition and relocation assistance manual
CHAPTER 112
PRIMARY ROAD ACCESS CONTROL
112.1(306A) General information
112.3(306A) General requirements for control of access
112.4(306A) General requirements for entrances where access rights have not been acquired
112.5(306A) Additional requirements for Type “A” entrances
112.6(306A) Drainage requirements
112.7(306A) Access to Priority I, II, III and IV highways
112.8(306A) Access to Priority V highways, rural areas
112.11(306A) Policy on acquisition of access rights
112.12(306A) Policy on location of predetermined access locations
112.13(306A) Policy on special access connections where access rights have been previously acquired
112.14(306A) Recreational trail connections
CHAPTER 115
UTILITY ACCOMMODATION
115.1(306A) General information
115.4(306A) General requirements for occupancy of the right–of–way
115.5(306A) General design provisions
115.6(306A) Scenic enhancement
115.8(306A) Utility accommodation permit
115.9(306A) Traffic protection
115.10(306A) Construction responsibilities and procedures
115.11(306A) Vertical overhead clearance requirements
115.12(306A) Utility facility attachments to bridges
115.13(306A) Underground utility facilities
115.15(306A) Transverse installations on freeways
115.16(306A) Longitudinal installations on freeways
115.17(306A) Nonfreeway primary highways
115.18(306A) Longitudinal installations on nonfreeway primary highways
115.19(306A) Maintenance and emergency work
115.20(306A) Abandonment or removal of utility facilities
115.25(306A) Utility facility adjustments for highway improvement projects
115.26(306A) Notice of project
115.27(306A) First plan submission, preliminary work plan and agreement
115.28(306A) Second plan submission, final work plan and permit application
115.30(306A) Miscellaneous adjustment provisions
116.2(306C) Junkyards
prohibited—
exceptions
116.3(306C) Screening or removal
116.6(306C) Nuisance—injunction
116.7(17A) Hearings and appeals
116.8(306C) Contact information
CHAPTER 117
OUTDOOR ADVERTISING
117.2(306B,306C) General provisions
117.3(306B,306C) General criteria
117.4(306B,306C) Interstate special provisions for on–premises signs
117.5(306B,306C) Location, size and spacing requirements
117.6(306C) Outdoor advertising permits and fees required
117.7(306C) Official signs and notices, public utility signs, and service club and religious notices
117.8(306B,306C) Removal procedures
117.9(306B,306C) Acquisition of advertising devices that have been issued provisional permits
117.15(306C) Development directory signing
118.3(306C) Erection and location of specific service signs and placement of business signs
118.4(306C) Eligibility for placement of business signs on mainline specific service signs
118.5(306C) Application, drawing, and fees
118.6(306C) Business sign blank specifications
118.7(306C) Business sign face specifications
CHAPTER 119
TOURIST–ORIENTED
DIRECTIONAL SIGNING
119.3(321) General eligibility requirements for an activity or site
119.4(321) Specific eligibility requirements for the type of activity or site
119.5(321) Application and approval procedure
119.6(321) Installation, maintenance, replacement and removal
CHAPTER 120
PRIVATE DIRECTIONAL SIGNING
120.2(306C) General requirements
120.4(306C) Lighting requirements
120.5(306C) Spacing and location requirements
120.7(306C) Eligibility for private directional signs
120.8(306C) Application and approval procedures
120.10(306C) Erection and maintenance
CHAPTER 121
ADOPT–A–HIGHWAY PROGRAM
121.2(307) Information and location
121.5(307) Eligible activities
CHAPTER 122
KEEP IOWA BEAUTIFUL PROGRAM
122.3(314) Allocation of funds
CONSTRUCTION
CHAPTER 125
GENERAL REQUIREMENTS AND
COVENANTS FOR HIGHWAY
AND BRIDGE CONSTRUCTION
125.1(307A) Standard specifications
125.3(307A) Availability of specifications
TRAFFIC OPERATIONS
CHAPTER 131
SIGNING ON PRIMARY ROADS
131.1(321) Destination signs at an intersection
131.2(321) Erection of signs for numbered business routes
131.3(321) Erection of signs for schools
131.4(321) Erection of camping service signs on interstate highways
131.5(321) Erection of signs for sanitary landfills
131.6(321) Erection of signs for special events
131.7(321) Erection of signs for organized off–highway camps
131.8(321) Erection of signs for county conservation parks
131.9(321) Erection of no parking signs
131.10(321) Signing for named routes
131.15(321) Information and address
CHAPTER 132
IOWA SCENIC BYWAY PROGRAM
132.1(306D) Purpose, overview and information
132.4(306D) General requirements
132.5(306D) Application and approval process
132.7(306D) Promotional and tourism efforts
136.1(319) Lighting of primary–secondary intersections
136.2(319) Destination lighting
136.6(306) Warrants and design requirements for lighting
CHAPTER 140
TRAFFIC SIGNALS AND BEACONS
ON PRIMARY ROADS
140.1(321) Erection of traffic signals and beacons on primary highways
CHAPTER 142
SPEED ZONING ON PRIMARY
HIGHWAYS
142.1(321) Adjustment of speed zones on primary highways
CHAPTER 143
TRAFFIC SIGNAL SYNCHRONIZATION
143.4(364) Required synchronization
PRIMARY ROAD EXTENSIONS
CHAPTER 150
IMPROVEMENTS AND MAINTENANCE
ON PRIMARY ROAD EXTENSIONS
150.2(306) Improvements and maintenance on extensions of freeways
150.3(306) Improvements and maintenance on extensions of nonfreeway primary highways
150.4(306) General requirements for primary road extensions
CHAPTER 151
CITY REQUESTS FOR CLOSURE OF
PRIMARY ROAD EXTENSIONS
151.1(321) Closing primary road extensions
SPECIAL HIGHWAY PROGRAMS
CHAPTER 160
COUNTY AND CITY BRIDGE
CONSTRUCTION FUNDS
160.2(312) Administration of funds
CHAPTER 161
FEDERAL–AID HIGHWAY BRIDGE
REPLACEMENT AND
REHABILITATION PROGRAM
161.2(307) Administration of funds
163.2(315) Purpose of RISE program
163.3(315) Administration of RISE program
163.4(315) Source, allocation, and use of RISE funds
163.5(315) Project financing and funding shares
163.6(315) Eligibility of applicants and joint applications
163.7(315) Project activities eligible and ineligible for RISE funds
163.8(315) Immediate opportunity projects
163.9(315) Local development projects
163.11(315) Project administration
CHAPTER 164
TRAFFIC SAFETY
IMPROVEMENT PROGRAM
164.2(312) Information and forms
164.3(312) Program administration
164.4(312) Applicant eligibility
164.5(312) Project eligibility
164.6(312) Eligible project costs
164.7(312) Ineligible project costs
164.9(312) Processing the application
CHAPTER 165
RECREATIONAL TRAILS PROGRAM
165.2(312) Information and forms
165.5(312) Program administration
165.9(312) Applicant eligibility
165.12(312) Project eligibility
165.15(312) Eligible project costs
165.17(312) Ineligible project costs
165.19(312) Advance eligibility waivers
165.23(312) Application procedure
165.26(312) Evaluation and approval
LOCAL SYSTEMS
CHAPTER 170
ALLOCATION OF FARM–TO–MARKET
ROAD FUNDS
170.1(310) Temporary allocation
CHAPTER 172
AVAILABILITY OF INSTRUCTIONAL MEMORANDUMS TO COUNTY ENGINEERS
172.1(307A) Instructional memorandums to county engineers
173.1(309) County construction program
173.2(309) County secondary road budget
173.3(309) County engineer’s annual report
173.4(309) Contact information
CHAPTER 174
REIMBURSABLE SERVICES
AND SUPPLIES
174.1(307) Contact information
174.2(307) Reimbursable services and supplies
CHAPTER 178
PROJECT COST REPORTING REQUIREMENTS FOR CITIES AND COUNTIES
178.2(314) Contact information
178.4(314) Detailed instructions furnished to cities and counties
CHAPTER 180
PUBLIC IMPROVEMENT QUOTATION PROCESS FOR GOVERNMENTAL ENTITIES
180.2(314) Contact information
180.5(314) Solicitation of quotations
180.6(314) Submission of competitive quotation by governmental entity
180.7(314) Form and content of competitive quotations
180.8(314) Evaluation of competitive quotations
180.9(314) Award of contract and subsequent procedures
CHAPTER 181
STATEWIDE STANDARD FOR PERMITTING CERTAIN
IMPLEMENTS OF HUSBANDRY
INTERMODAL
CHAPTER 201
INTERMODAL PILOT PROJECT PROGRAM
201.1(473) General information
201.4(473) Financial assistance
201.5(473) Application procedure
201.7(473) Staff recommendation
201.9(473) Contract preparation and execution
VEHICLES
CHAPTER 400
VEHICLE REGISTRATION
AND CERTIFICATE OF TITLE
400.2(321) Vehicle registration and certificate of title—general provisions
400.3(321) Application for certificate of title or registration for a vehicle
400.4(321) Supporting documents required
400.5(321) Where to apply for registration or certificate of title
400.6(17A) Addresses, information and forms
400.7(321) Information appearing on title or registration
400.8(321) Release form for cancellation of security interest
400.10(321) Assignment of security interest
400.11(321) Sheriff’s levy noted as a security interest
400.12(321) Replacement certificate of title
400.13(321) Bond required before title issued
400.14(321) Transfer of ownership
400.15(321) Cancellation of a certificate of title
400.19(321) Temporary use of vehicle without plates or registration card
400.20(321) Registration of motor vehicle weighing 55,000 pounds or more
400.21(321) Registration of vehicles on a restricted basis
400.22(321) Transfers of ownership by operation of law
400.24(321) New vehicle registration fee
400.25(321) Fees established by the department
400.27(321,322) Vehicles held for resale or trade by dealers
400.30(321) Registration of vehicles registered in another state or country
400.32(321) Vehicles owned by nonresident members of the armed services
400.35(321) Registration of vehicles equipped for persons with disabilities
400.36(321) Land and water–type travel trailers registration fee
400.37(321) Motorcycle primarily designed or converted to transport property
400.39(321) Automobile converted to truck
400.40(321) Manufactured or mobile home converted to or from real property
400.42(321) Church bus registration fee
400.43(321) Storage of vehicles
400.44(321) Penalty on registration fees
400.45(321) Suspension, revocation or denial of registration
400.46(321) Termination of suspension of registration
400.50(321,326) Refund of registration fees
400.51(321) Assigned identification numbers
400.52(321) Odometer statement
400.54(321) Registration card issued for trailer–type vehicles
400.55(321) Damage disclosure statement
400.58(321) Motorized bicycles
400.60(321) Credit of registration fees
400.61(321) Reassignment of registration plates
400.62(321) Storage of registration plates, certificate of title forms and registration forms
400.63(321) Disposal of surrendered registration plates
400.64(321) County treasurer’s report of motor vehicle collections and funds
CHAPTER 401
SPECIAL REGISTRATION PLATES
401.2(321) Application, issuance and renewal
401.5(321) Amateur radio call letter plates
401.6(321) Personalized plates
401.8(321) Medal of Honor plates
401.10(321) Emergency medical services plates
401.11(321) Natural resources plates
401.13(321) Disabled veteran plates
401.15(321) Processed emblem application and approval process
401.16(321) Special plates with processed emblems—general
401.17(321) State agency–sponsored processed emblem plates
401.19(321) Legion of Merit plates
401.20(321) Persons with disabilities plates
401.21(321) Ex–prisoner of war plates
401.22(321) National guard plates
401.23(321) Pearl Harbor plates
401.24(321) Purple Heart, Silver Star and Bronze Star plates
401.25(321) U.S. armed forces retired plates
401.32(321) Surrender of plates
401.34(321) Reassignment of plates
401.35(321) Revocation of special registration plates
405.6(321) Iowa salvage title required
405.7(321) Converting salvage title to regular title
405.15(321) Salvage theft examination
CHAPTER 410
SPECIAL MOBILE EQUIPMENT
410.2(321E) Special mobile equipment transported on a registered vehicle
CHAPTER 411
PERSONS WITH DISABILITIES
PARKING PERMITS
411.2(321L) Application for persons with disabilities parking permit
411.3(321L) Removable windshield placards
411.4(321L) Persons with disabilities special registration plate parking stickers
411.5(321L) Persons with disabilities special registration plates
411.8(321L) Return of parking permit
CHAPTER 415
DRIVER’S PRIVACY PROTECTION—
CERTIFICATES OF TITLE AND
VEHICLE REGISTRATION
415.4(321) Requirements and procedures
CHAPTER 424
TRANSPORTER PLATES
CHAPTER 425
MOTOR VEHICLE AND TRAVEL TRAILER
DEALERS, MANUFACTURERS,
DISTRIBUTORS AND WHOLESALERS
425.10(322) Application for dealer’s license
425.12(322) Motor vehicle dealer’s place of business
425.14(322) Travel trailer dealer’s place of business
425.17(322) Extension lot license
425.18(322) Supplemental statement of changes
425.20(322) Fleet vehicle sales and retail auction sales
425.24(322) Miscellaneous requirements
425.26(322) Fairs, shows and exhibitions
425.29(322) Classic car permit
425.30(322) Motor truck display permit
425.31(322) Firefighting and rescue show permit
425.40(322) Salespersons of dealers
425.50(322) Manufacturers, distributors, and wholesalers
425.53(322) Wholesaler’s financial liability coverage
425.60(322) Right of inspection
425.62(322) Denial, suspension or revocation
425.72(321) Demonstration permits
CHAPTER 430
MOTOR VEHICLE LEASING LICENSES
430.3(321F) Supplemental statements
430.4(321F) Separate licenses required
431.2(321H) Criteria for a vehicle recycler license
431.5(321H) Denial, suspension or revocation of license
431.6(321) Right of inspection
CHAPTER 450
MOTOR VEHICLE EQUIPMENT
450.6(321) Safety requirements for the movement of implements of husbandry on a roadway
450.7(321) Front windshields, windows or sidewings
CHAPTER 451
EMERGENCY VEHICLE PERMITS
451.2(321) Authorized emergency vehicle certificate
CHAPTER 452
REFLECTIVE DEVICES ON SLOW–MOVING VEHICLES
452.3(321) Alternative reflective device
CHAPTER 454
TOWING WRECKED OR
DISABLED VEHICLES
CHAPTER 480
ABANDONED VEHICLES
480.3(321) General requirements
480.4(321) Abandoned vehicle report
MOTOR CARRIERS
CHAPTER 500
INTERSTATE REGISTRATION AND
OPERATION OF VEHICLES
500.2(17A,326) General information
500.3(17A,326) Waiver of rules
500.4(326) Renewal for IRP registration
500.5(321) Deadline for placing a vehicle in storage
500.6(321,326) Penalty for late filing of renewal
500.7(326) IRP payment methods
500.9(326) Fleet additions and temporary authority
500.11(326) Voluntary cancellation of registration
500.12(326) Policy on registration credit
500.13(326) Penalty for late filing of vehicle schedule
500.14(326) Renewal and vehicle schedule late payment penalty
500.15(321) Deadline for payment of first–half fee
500.16(321,326) Second–half late payment penalty
500.17(326) Duplicate credentials
500.18(326) Suspension for nonpayment of registration fees
500.19(326) Suspension of registration if payment is dishonored by a financial institution
500.20(326) Making claim for refund
500.21(326) Registration expiration and enforcement dates
500.22(326) Registration of vehicles with non–Iowa titles
500.25(326) Electronic information
CHAPTER 505
INTERSTATE MOTOR VEHICLE
FUEL LICENSES AND PERMITS
505.2(452A) General information
505.3(452A) General stipulations
505.5(452A) Audits—required reports
511.2(321E) Location and general information
511.3(321E) Movement under permit
511.5(321,321E) Fees and charges
511.6(321E) Insurance and bonds
511.7(321,321E) Annual permits
511.8(321,321E) Annual oversize/overweight permits
511.9(321,321E) All–systems permits
511.10(321,321E) Multitrip permits
511.11(321,321E) Single–trip permits
511.13(321,321E) Movement of vehicles with divisible loads exceeding statutory size or weight limits
511.16(321,321E) Permit violations
CHAPTER 513
COMPACTED RUBBISH VEHICLE
PERMITS
513.2(321) General stipulations
CHAPTER 520
REGULATIONS APPLICABLE
TO CARRIERS
520.1(321) Safety and hazardous materials regulations
520.3(321) Motor carrier safety regulations exemptions
520.4(321) Hazardous materials exemptions
520.6(321) Out–of–service order
520.8(321) Agricultural operations
CHAPTER 524
FOR–HIRE INTRASTATE MOTOR CARRIER AUTHORITY
524.1(325A) Purpose and applicability
524.2(325A) General information
524.3(325A) Applications and supporting documents
524.4(325A) Issuance of credentials
524.5(325A) Duplicate motor carrier permit or motor carrier certificate
524.6(325A) Amendment to a motor carrier permit or certificate
524.7(325A) Insurance—suspension
524.8(325A) Self–insurance for motor carriers of passengers
524.9(325A) Safety self–certification
524.10(325A) Financial statement
524.11(325A) Safety education seminar
524.12(325A) Marking of motor vehicles
524.13(325A) Bills of lading or freight receipts
524.14(325A) Lease of a vehicle
524.17(325A) Suspension, revocation or reinstatement
CHAPTER 529
FOR–HIRE INTERSTATE MOTOR
CARRIER AUTHORITY
529.1(327B) Motor carrier regulations
529.2(327B) Registering interstate authority in Iowa
DRIVER LICENSES
CHAPTER 600
GENERAL INFORMATION
600.2(17A) Information and location
600.4(321) Persons not to be licensed
600.16(321) Seat belt exemptions
CHAPTER 601
APPLICATION FOR LICENSE
601.1(321) Application for license
601.2(321) Surrender
of license and non–
operator’s identification card
601.5(321) Proofs submitted with application
CHAPTER 602
CLASSES OF DRIVER’S LICENSES
602.2(321) Information and forms
602.4(321) Definitions of immediate family
602.11(321) Class C noncommercial driver’s license
602.12(321) Class D noncommercial driver’s license (chauffeur)
602.13(321) Class M noncommercial driver’s license (motorcycle)
602.18(321) Motorcycle instruction permit
602.19(321) Noncommercial instruction permit
602.21(321) Special noncommercial instruction permit
602.23(321) Chauffeur’s instruction permit
602.24(321) Motorized bicycle license
602.25(321) Minor’s restricted license
602.26(321) Minor’s school license
CHAPTER 604
LICENSE EXAMINATION
604.1(321) Authority and scope
604.3(17A) Information and forms
604.13(321) Vision screening results
604.21(321) Knowledge test requirements and waivers
604.22(321) Knowledge test results
604.31(321) Driving test requirements and waivers for noncommercial driver’s licenses
604.35(321) Determination of gross vehicle weight rating
604.40(321) Failure to pass examination
604.50(321) Special reexaminations
605.2(321) Contents of license
605.9(321) Fees for driver’s licenses
605.10(321) Waiver or refund of license fees
605.16(321) Military extension
605.20(321) Fee adjustment for upgrading license
CHAPTER 607
COMMERCIAL DRIVER LICENSING
607.10(321) Adoption of federal regulations
607.16(321) Commercial driver’s license (CDL)
607.20(321) Commercial driver’s instruction permit
607.25(321) Examination for a commercial driver’s license
607.35(321) Issuance of commercial driver’s license
607.37(321) Commercial driver’s license renewal
607.38(321) Transfers from another state
607.49(321) Restricted commercial driver’s license
607.51(321) Determination of gross vehicle weight rating
CHAPTER 610
RELEASE OF COMPUTERIZED DRIVER’S LICENSE AND NONOPERATOR’S IDENTIFICATION CARD
RECORDS
610.3(321) Copying files to computer tape cartridges
610.4(321) Certified driver records
CHAPTER 611
DRIVER’S PRIVACY PROTECTION—DRIVER’S LICENSE AND NONOPERATOR’S IDENTIFICATION
CARD
611.4(321) Requirements and procedures
615.3(17A) Information and address
615.4(321) Denial for incapability
615.11(321) Periods of suspension
615.12(321) Suspension of a habitually reckless or negligent driver
615.13(321) Suspension of a habitual violator
615.14(321) Suspension for incapability
615.15(321) Suspension for unlawful use of a license
615.16(321) Suspension for out–of–state offense
615.17(321) Suspension for a serious violation
615.18(321) Suspension under the nonresident violator compact
615.19(321) Suspension for a charge of vehicular homicide
615.20(321) Suspension for moving violation during probation
615.21(321) Suspension of a minor’s school license and minor’s restricted license
615.22(321) Suspension for nonpayment of fine, penalty, surcharge or court costs
615.23(321) Suspensions for juveniles
615.24(252J,261) Suspension upon receipt of a certificate of noncompliance
615.26(321) Suspension or revocation for violation of a license restriction
615.29(321) Mandatory revocation
615.30(321) Revocation for out–of–state offense
615.32(321) Extension of revocation period
615.33(321) Revocation of a minor’s license
615.36(321) Effective date of suspension, revocation, disqualification or bar
615.38(17A,321) Hearing and appeal process
615.39(321) Surrender of license
615.40(321) License reinstatement or reissue
615.42(321) Remedial driver improvement action under Iowa Code section 321.180B
615.43(321) Driver improvement program
615.44(321) Driver improvement interview
615.45(321) Temporary restricted license (work permit)
CHAPTER 620
OWI AND IMPLIED CONSENT
620.2(321J) Information and location
620.3(321J) Issuance of temporary restricted license
620.4(321J) Hearings and appeals
620.6(321J) Issuance of temporary restricted license after revocation period has expired
620.10(321J) Revocation for deferred judgment
620.15(321J) Substance abuse evaluation and treatment or rehabilitation services
620.16(321J) Drinking drivers course
CHAPTER 625
DRIVER’S LICENSES
FOR UNDERCOVER LAW
ENFORCEMENT OFFICERS
625.4(321) Renewal not permitted
CHAPTER 630
NONOPERATOR’S IDENTIFICATION
630.1(321) General information
630.2(321) Application and issuance
634.1(321) Information and location
634.4(321) Driver education course standards and requirements
634.6(321) Teacher qualifications
634.7(321) Behind–the–wheel instructor’s certification
634.8(321) Private and commercial driver education schools
CHAPTER 635
MOTORCYCLE RIDER EDUCATION (MRE)
635.2(321) Approved course in motorcycle rider education
635.4(321) Responsibilities of sponsors
635.5(321) Use of motorcycle rider education fund
635.6(321) Information and location
CHAPTER 636
MOTORIZED BICYCLE RIDER EDUCATION
636.1(321) Information and location
636.4(321) Agencies or institutions
636.5(321) Private or commercial sponsors
636.7(321) Course requirements
636.8(321) Teacher qualifications
CHAPTER 640
FINANCIAL RESPONSIBILITY
640.1(321A) General provisions
640.2(321A) Hearing and appeal process
640.3(321A) Accident reporting requirements
640.4(321A) Security required following accident
640.6(321A) Proof of financial responsibility for the future
640.7(321A) Transfer of suspended registration
CHAPTER 641
FINANCIAL LIABILITY COVERAGE CARDS
641.1(321) Purpose and applicability
641.3(321) Content of financial liability coverage card
641.4(321) Responsibilities of insurer
641.5(321) Acquisition of additional or replacement motor vehicles
AERONAUTICS
CHAPTER 700
AERONAUTICS ADMINISTRATION
700.2(17A) Location and submission of documents
700.3(17A) Hearing and appeal process
CHAPTER 710
AIRPORT IMPROVEMENT PROGRAM
710.3(17A) Location and information
710.4(330) Federal airport improvement funds
710.5(328) State airport improvement funds
CHAPTER 715
COMMERCIAL AIR SERVICE
MARKETING PROGRAM
715.3(328) Program administration
715.4(328) Eligible project activities
715.5(328) Ineligible project activities
715.6(328) Project selection criteria
715.8(328) Project administration
CHAPTER 716
COMMERCIAL AIR SERVICE VERTICAL INFRASTRUCTURE PROGRAM
716.5(328) Eligible project activities
716.8(328) Project administration
CHAPTER 717
GENERAL AVIATION AIRPORT
VERTICAL INFRASTRUCTURE PROGRAM
717.3(328) Information and forms
717.4(328) Applicant eligibility
717.5(328) Eligible project activities
717.9(328) Project applications
717.10(328) Review and approval
717.11(328) Project agreement and administration
CHAPTER 720
IOWA AIRPORT REGISTRATION
720.3(328) Airport site approval required
720.5(328) Private–use airport
720.6(328) Revocation or denial
720.10(328) Minimum safety standards
CHAPTER 750
AIRCRAFT REGISTRATION
750.3(17A) Information and forms
750.10(328) First registration procedure
750.15(328) Aircraft not airworthy
750.29(328) Penalty on registration fees
RAILROADS
CHAPTER 800
ITEMS OF GENERAL APPLICATION
FOR RAILROADS
800.2(17A) Location and submission of documents
800.15(327F) Train speed ordinances
800.20(327G) Removal of tracks from crossings
CHAPTER 801
RELATIONSHIP WITH IOWA RAILWAY FINANCE AUTHORITY
CHAPTER 802
REPORTING OF RAILROAD ACCIDENTS/INCIDENTS
802.2(327C) Immediate reporting of personal injury or death
CHAPTER 810
RAILROAD SAFETY STANDARDS
810.4(327F) First aid and medical treatment for railroad employees
810.5(327F) Worker transportation
CHAPTER 811
HIGHWAY–RAILROAD GRADE
CROSSING WARNING DEVICES
CHAPTER 812
CLASSIFICATIONS AND STANDARDS FOR HIGHWAY–RAILROAD GRADE CROSSINGS
812.3(307) Warning device standards and their implementation
CHAPTER 820
HIGHWAY GRADE CROSSING
SAFETY FUND
820.3(327G) Information and submissions
820.4(327G) Participation in the maintenance costs of eligible warning devices
CHAPTER 821
HIGHWAY–RAILROAD GRADE
CROSSING SURFACE REPAIR FUND
821.2(327G) General information
821.3(327G) Procedures for the use of grade crossing surface repair funds
PUBLIC TRANSIT
CHAPTER 910
COORDINATION OF PUBLIC
TRANSIT SERVICES
910.2(17A) Information and location
910.3(324A) Statewide transportation coordination advisory council
910.4(324A) Certification process
910.5(324A) Standards for compliance
910.7(324A) Noncompliant sanctions
CHAPTER 911
SCHOOL TRANSPORTATION
SERVICES PROVIDED BY
REGIONAL TRANSIT SYSTEMS
911.1(321) Purpose and information
911.3(321) Services to students as part of the general public
911.4(321) Contracts for nonexclusive school transportation
911.5(321) Adoption of federal regulations
911.10(321) Operating policies
CHAPTER 920
STATE TRANSIT ASSISTANCE
920.1(324A) Statement of policy
920.2(324A) General information
920.5(324A) Standards for projects
CHAPTER 921
ADVANCED ALLOCATIONS OF STATE TRANSIT ASSISTANCE FUNDING
921.2(324A) Basic types of advance allocations
921.3(324A) Application for advance allocations
921.4(324A) Application approval
921.5(324A) Consideration in determining the approval of advance allocation application
921.7(324A) Reports, and suspension and termination of allocations
921.8(324A) Income derived from interest–bearing accounts and investments
921.9(324A) “Joint Participation Agreement” close and audits
CHAPTER 922
FEDERAL TRANSIT ASSISTANCE
922.1(324A) Projects for nonurbanized areas and private nonprofit transportation providers
CHAPTER 923
CAPITAL MATCH REVOLVING
LOAN FUND
923.1(71GA,ch265) General information
923.3(71GA,ch265) System eligibility
923.4(71GA,ch265) Project eligibility
CHAPTER 924
PUBLIC TRANSIT INFRASTRUCTURE GRANT PROGRAM
924.3(324A) Information and forms
924.5(324A) Applicant eligibility
924.6(324A) Project eligibility
924.7(324A) Eligible project activities
924.8(324A) Ineligible project activities
924.11(324A) Project applications
924.14(324A) Project priorities
924.15(324A) Review and approval
924.16(324A) Project agreement and administration
GENERAL
chapter 1
ORGANIZATION OF THE DEPARTMENT OF TRANSPORTATION
[Prior to 6/3/87, Transportation Department[820]—(01,A)Ch1]
“Commission” means the state transportation commission.
“Department” means the Iowa department of transportation.
“Director” means the director of transportation or the director’s designee.
761—1.2(17A) Mission statement. The mission of the department is to promote a transportation system to satisfy user needs and maximize economic and social benefits for Iowa citizens, to encourage and support programs to provide commodity movement and mobility for all citizens, and to promote financing of the transportation system through user and nonuser sources in an equitable manner.
761—1.3(17A) Location and business hours. The main office of the department is located at 800 Lincoln Way, Ames, Iowa 50010; telephone (515)239–1101. The department’s business hours are 8 a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays.
761—1.4(17A) Information and forms. Information, applications and forms may be obtained from the department or from the division or office which is responsible for the area of concern. Specific instructions may also be given in administrative rules.
761—1.5(307) History. The Sixty–fifth General Assembly created the department as of July 1, 1974, and transferred to it the duties and responsibilities formerly administered by the state highway commission; the Iowa aeronautics commission; the Iowa reciprocity board; the department of public safety relating to motor vehicle registration, motor vehicle dealer licensing, and operator and chauffeur licensing; and the Iowa state commerce commission relating to the regulation of railroads and motor carrier transportation. Certain duties and responsibilities relating to river transportation and public transit were also assigned to the department.
761—1.6(17A,307,307A) Commission. A seven–member transportation commission approves the departmental budget, develops a comprehensive transportation policy and plan for the state, identifies transportation needs, and develops programs to meet these needs. Other commission duties and responsibilities are broadly stated in Iowa Code chapters 307 and 307A. Inquiries and requests may be submitted to the commission at the address given in rule 1.3(17A).
761—1.7(17A,307) Director of transportation. The director of transportation is based in Ames and serves as the chief administrative officer of the department and the secretary of the Iowa railway finance authority. The director is responsible for the management of the department and for statutory duties including but not limited to those listed in Iowa Code section 307.12. The following units report to the director:
1.7(1) The deputy director.
1.7(2) The divisions described in rule 1.8(17A,307).
1.7(3) The bureau of policy and information, which identifies, analyzes and develops options for transportation policy issues, coordinates the department’s legislative program, and communicates transportation programs and information to the department and the public.
1.7(4) The bureau of transportation safety, which investigates methods of improving highway safety and administers risk management programs for the department.
1.7(5) The bureau of management, which provides management support, program evaluation and development, and administration of employee safety and environmental safety concerns.
761—1.8(17A,307) Divisions. The department is made up of the following divisions, which report to the director:
1.8(1) Administration division. The administration division is based in Ames, telephone (515)239–1340, and provides general administrative support for the department in these areas: Management of facilities, equipment, and supplies; data processing and internal information services; toll bridge operations; auditing; and all phases of fiscal management.
1.8(2) Air and transit division. The address for the air and transit division is: Air and Transit Division, Iowa Department of Transportation, Park Fair Mall, 100 East Euclid Avenue, Suite 7, Des Moines, Iowa 50313; telephone (515)237–3301.
a. The office of aeronautics administers the Iowa Code provisions which relate to air transportation, including: airport development, registration and zoning; aircraft registration; state aircraft pool; safety promotion; public education and air service analysis. Telephone (515)237–3301.
b. The office of public transportation provides advice and assistance regarding financial, technical and management matters to urban and regional transit systems, compiles and analyzes data from transit systems, certifies providers of transit services for the purpose of coordinating these services, and administers state and federal funds for public transit assistance. Telephone (515)237–3302.
1.8(3) General counsel division. The department’s general counsel is based in Ames; telephone (515)239–1521. It is made up of a special assistant attorney general and assistant attorneys general. It provides legal services for the department.
1.8(4) Highway division. The highway division’s headquarters are in Ames; telephone (515)239–1124. The division is responsible for design, right–of–way acquisition, construction and maintenance of the interstate and primary highway systems, state park roads, and institutional roads; administers Iowa Code chapters 306 to 306C, 308, and 309 to 320; and assists counties and cities with their road and street systems.
Responsibilities for highway operations are divided among six districts. Each district has maintenance garages, maintenance offices, and construction offices which are listed in local telephone directories. The six district offices are:
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District 1 1020 S. 4th St., Ames, Iowa 50010 |
(515)239–1635 |
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District 2 1420 4th St., S.E., Mason City, Iowa 50401 |
(515)423–7584 |
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District 3 2800 E. Gordon Dr., Sioux City, Iowa 51102 |
(712)276–1451 |
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District 4 Box 406, U.S. 6 East, Atlantic, Iowa 50022 |
(712)243–3355 |
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District 5 307 W. Briggs Ave., Fairfield, Iowa 52556 |
(515)472–4171 |
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District 6 430 16th Ave. S.W., Cedar Rapids, Iowa 52404 |
(319)364–0235 |
1.8(5) Motor vehicle division. The motor vehicle information center telephone number is 1–800–532–1121. The division’s headquarters are located at Park Fair Mall, 100 Euclid Avenue, Des Moines, Iowa; telephone (515)244–8725. The mailing address is P.O. Box 10382, Des Moines, Iowa 50306–0382.
The motor vehicle division is responsible for administering and enforcing Iowa Code provisions relating to:
a. The licensing and financial responsibility of drivers, including motor vehicle accident records and driver improvement.
b. The titling of motor vehicles and mobile homes, the titling and licensing of official vehicles, and the registration of vehicles. The division also issues handicapped identification devices.
c. The licensing of motor vehicle, mobile home and travel trailer dealers, manufacturers and distributors, and the licensing of motor vehicle lessors, salvagers and recyclers. The division also receives applications to discontinue or terminate motor vehicle franchises or to establish additional motor vehicle dealerships of the same line–make in the community.
d. The proportional registration of commercial vehicles operated in interstate commerce.
e. The size and weight of vehicles, including permit provisions for the movement of vehicles and loads of excess size and weight.
f. The payment of fuel taxes for interstate motor vehicle operations.
g. Carriers engaged in the business of transporting passengers or property for compensation, excluding railroads. This responsibility includes the issuance of operating authority for intrastate carriers and the registration of interstate commerce commission authority for interstate carriers.
h. Odometers. The responsibility includes the enforcement of federal odometer laws.
i. Vehicle equipment and safety.
1.8(6) Planning and research division. The planning and research division is based in Ames; telephone (515)239–1661. The division compiles statistical transportation data; prepares assessments of economic and fiscal impacts of legislation, policies and programs upon the state; coordinates state transportation planning, administers general transportation research projects; annually develops a program of transportation projects; prepares highway corridor studies; and conducts economic, social and environmental assessments of projects.
1.8(7) Rail and water division. The rail and water division is based in Ames; telephone (515)239–1367. The division administers state and federal funds for railroad track and grade crossing improvements, reviews and develops policy position recommendations on rail abandonments and mergers, performs track safety inspections, reviews and recommends financing projects to the Iowa railway finance authority, promotes river transportation and coordinates river programs with other transportation modes, and administers other railroad and river related Iowa Code responsibilities assigned to the department.
These rules are intended to implement Iowa Code section 17A.3 and chapters 307 and 307A.
[Filed 7/1/75]
[Filed 7/2/79, Notice 5/2/79—published 7/25/79, effective 8/29/79]
[Filed 3/8/85, Notice 1/16/85—published 3/27/85, effective 5/1/85]
[Filed 11/7/86, Notice 9/24/86—published 12/3/86, effective 1/7/87]
[Filed 5/11/87, Notice 3/11/87—published 6/3/87, effective 7/8/87]
[Filed emergency 11/30/89—published 12/27/89, effective 12/1/89]
[Filed 1/15/92, Notice 12/11/91—published 2/5/92, effective 3/11/92]
[Filed emergency 3/26/92—published 4/15/92, effective 4/29/92]
[Filed emergency 7/1/92—published 7/22/92, effective 7/27/92]
chapter 2
PROVISIONS APPLICABLE TO ALL RULES
761—2.1(307) Definitions. The following definitions apply to all rules of the Iowa department of transportation unless otherwise stated:
“Commission” means the transportation commission of the Iowa department of transportation.
“Department” means the Iowa department of transportation.
“Director” or “director of transportation” means the director of the Iowa department of transportation or the director’s designee.
This rule is intended to implement Iowa Code chapter 307.
[Filed 5/11/87, Notice
3/11/87—published 6/3/87, effective 7/8/87]
CHAPTER 3
Reserved
chapter 4
PUBLIC RECORDS AND FAIR INFORMATION PRACTICES
761—4.1(22,304) General provisions.
4.1(1) Scope of chapter.
a. This chapter describes the provisions governing public access to records that are owned by or in the physical possession of the department, including records of the Iowa railway finance authority. However, access to personnel and payroll records may also be subject to the rules of the department of administrative services.
b. This chapter does not affect the policy of the department to respond, without charge, to routine oral or written inquiries that do not involve the furnishing of records.
c. This chapter does not make available records compiled by the department in reasonable anticipation of court litigation or formal administrative proceedings. The availability of these records to the public or to any subject individual or party to such litigation or proceedings shall be governed by applicable legal and constitutional principles, statutes, rules of discovery, evidentiary privileges, and applicable regulations of the department.
4.1(2) Custodian. The custodian of a record is the person who heads the departmental office responsible for that record. The department’s Records Management Manual identifies the offices that are responsible for particular records.
a. As used in this chapter, the term “custodian” includes the custodian’s superiors and the custodian’s designees.
b. The custodian’s designees may include but are not limited to the records center and the department’s general counsel.
c. The custodian of a record is authorized to provide or deny access to that record in accordance with the provisions of this chapter. However, the custodian’s authority to provide access to a confidential record is limited to the persons listed in subrule 4.4(2).
4.1(3) Address of records center. The address of the department’s records center is: Records Center, Office of Document Services, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.
4.1(4) Records Management Manual.
a. The department’s Records Management Manual contains the records management information required by Iowa Code chapter 304.
b. Chapter III of the manual contains the descriptive information on records that is required by Iowa Code section 22.11. Chapter III, as revised through 2001, is made a part of these rules.
c. The manual is available for examination and copying at the department’s records center and at various other departmental offices located throughout the state. A copy of the manual may be obtained at cost from the records center.
4.1(5) Availability of open records. Open records of the department are available to the public for examination and copying unless otherwise provided by rule or statute.
4.1(6) Data processing matching. All departmental data processing systems that have common data elements can potentially match, collate and compare personally identifiable information.
4.1(7) Warranty. No warranty of the accuracy or completeness of a record is made.
4.1(8) Existing records. A request for access shall apply only to records that exist at the times the request is made and access is provided. The department is not required to create, compile or procure a record solely for the purpose of making it available. Exceptions: See Iowa Code section 22.3A and subrule 4.4(5).
4.1(9) Definitions. As used in this chapter:
“Confidential record” means a record that is not available as a matter of right for examination and copying by members of the public under applicable provisions of law. Confidential records include records or information contained in records that the department is prohibited by law from making available for examination by members of the public, and records or information contained in records that are specified as confidential by Iowa Code section 22.7 or another provision of law, but that may be disclosed upon order of the court, the custodian of the record, or by another person duly authorized to release the record. Mere inclusion in a record of information declared confidential by an applicable provision of law does not necessarily make that entire record a confidential record.
“Open record” means a record other than a confidential record.
“Personally identifiable information” means information about an individual in a record that identifies the individual and is retrievable by a unique personal identifier associated with the individual.
“Public” means those persons who are not officials, employees or agents of the department.
“Record” means the whole or a part of a “public record” as defined in Iowa Code section 22.1 that is owned by or in the physical possession of the department.
“Requester” means a member of the public.
This rule is intended to implement Iowa Code chapter 22 and section 304.17.
761—4.2(22) Statement of policy and purpose. It is the policy of the department that free and open examination of public records is generally in the public interest. The purpose of these rules is to facilitate broad public access to open records and sound determinations with respect to the handling of confidential records.
This rule is intended to implement Iowa Code chapter 22.
761—4.3(22) Access to records.
4.3(1) Submission of request for access.
a. A request for access to a record shall be submitted to the custodian of the record. If the requester does not know the identity of the custodian, the request may be submitted to the records center at the address in subrule 4.1(3). The records center will forward the request to the custodian.
b. Notwithstanding paragraph “a” of this subrule, any request that may be related to a potential or an actual tort claim or other litigation shall be submitted to the following address: General Counsel, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010. If the custodian receives a request of this nature, the custodian shall forward the request to the department’s general counsel.
c. If a request for access is misdirected, department personnel will forward the request to the custodian.
4.3(2) Office hours. Open records are available during customary office hours, which are 8 a.m. to 4:30 p.m., excluding Saturdays, Sundays, and legal holidays.
4.3(3) Form of request. A request for access to a record shall reasonably describe the record requested. A request for access to an open record may be made orally or in writing. A requester shall not be required to give reasons for requesting an open record.
4.3(4) Response to request. The custodian shall provide access to an open record promptly upon request. However, if the size or nature of the request makes prompt access infeasible, the custodian shall fill the request as soon as feasible and give the requester an estimate of when the record will be available.
4.3(5) Delay. Access to a record may be delayed for one of the purposes authorized by Iowa Code subsection 22.8(4) or 22.10(4). The custodian shall inform the requester of the reason for the delay and the estimated length of the delay.
4.3(6) Security of records. No person may, without permission from the custodian, search agency files or remove any record from the place where it is made available. The custodian shall supervise the examination and copying of records and protect the records from damage and disorganization. Original paper records shall be released from department custody only upon court order. At least one certified copy shall be retained in the file if the original record is released.
4.3(7) Copies. A photocopy of an open record may be made on department photocopiers. If a photocopier is not available in the office where an open record is kept, the custodian shall permit its examination in that office and, if requested, arrange to have a copy made elsewhere.
4.3(8) Fees. The department may charge fees for records as authorized by Iowa Code section 22.3 or another provision of law. Under Iowa Code section 22.3, the fee for the copying service shall not exceed the cost of providing the service.
This rule is intended to implement Iowa Code sections 22.2, 22.3, 22.4, 22.8, 22.10, and 22.11.
761—4.4(22) Access to confidential records. The following provisions are in addition to those spec–ified in rule 761—4.3(22) and are minimum requirements. A statute or another department rule may impose additional requirements for access to certain classes of confidential records.
4.4(1) Procedure.
a. Form of request. The custodian shall ensure that there is sufficient information to provide reasonable assurance that access to a confidential record may be granted. Therefore, the custodian may require the requester to:
(1) Submit the request in writing.
(2) Provide proof of identity and authority to secure access to the record.
(3) Sign a certified statement or affidavit listing the specific reasons justifying access to the record and provide any proof necessary to establish relevant facts.
b. Response to request. The custodian shall notify the requester of approval or denial of the request for access. If the requester indicates to the custodian that a written notice is desired if the request for access is denied, the custodian shall provide such notice promptly. The notice shall be signed by the custodian and include:
(1) The name and title or position of the custodian, and
(2) A brief statement of the grounds for denial, including a citation to the applicable statute or other provision of law.
c. Reconsideration of denial. A requester whose request is denied by the custodian may apply to the director of transportation for reconsideration of the request.
4.4(2) Release of confidential records by the custodian. The custodian may release a confidential record or a portion of it:
a. To the legislative services agency pursuant to Iowa Code section 2A.3.
b. To the citizens’ aide pursuant to Iowa Code section 2C.9.
c. To other governmental officials and employees only as needed to discharge their duties.
d. To those persons as permitted or required by rule 761—4.9(22).
e. To persons authorized by the subject of the record in accordance with rule 761—4.5(22).
4.4(3) Release of confidential records by the director.
a. The director of transportation may release a confidential record or a portion of it to a person not covered in subrule 4.4(2) if the release:
(1) Is permitted by statute, rule or another provision of law, and
(2) Is not inconsistent with the stated or implied purpose of the law which establishes or authorizes confidentiality.
b. Before the director releases a record to a person not covered in subrule 4.4(2), the director may notify the subject of the record of the impending release and may give the subject a reasonable amount of time to seek an injunction.
4.4(4) Mixed record. A confidential record may, due to its nature or the way it is compiled or stored, contain a mixture of confidential and nonconfidential information. The department shall not refuse to release the nonconfidential information simply because the record is compiled or stored in this fashion.
4.4(5) Information released. If a person is provided access to less than an entire record, the department shall take measures to ensure that the person is furnished only the information that is to be released. This may be done by providing to the person either an extraction of the information to be released, or a copy of the record from which the information not to be released has been deleted.
This rule is intended to implement Iowa Code section 22.11.
761—4.5(22) Consent to release a confidential record to a third party. To the extent permitted by law, the subject of a confidential record may consent to its release to a third party. The consent must be in writing and must identify the particular record that may be disclosed and the particular person or class of persons to whom the record may be disclosed. The subject of the record may be required to provide proof of identity. Appearance of counsel before the agency on behalf of a person who is the subject of a confidential record may be deemed to constitute consent for the department to disclose records about that person to the person’s counsel.
This rule is intended to implement Iowa Code section 22.11.
761—4.6(22) Requests for confidential treatment.
4.6(1) A person may request that all or a portion of a record be confidential. The request must be submitted in writing to the custodian and:
a. Identify the information for which confidential treatment is sought.
b. Cite the legal basis that justifies confidential treatment.
c. Give the reasons why the person would be aggrieved or adversely affected by disclosure of the information. The person may be required to provide any proof necessary to support these reasons.
4.6(2) The custodian shall notify the requester in writing of the granting or denial of the request and, if denied, the reasons therefor.
4.6(3) If the request is denied, the requester may apply to the director of transportation for reconsideration of the request.
This rule is intended to implement Iowa Code section 22.11.
761—4.7(22) Procedure by which additions, dissents, or objections may be entered into records. Except as otherwise provided by law, the person who is the subject of a record may have a written statement of additions, dissents or objections entered into that record. The statement shall be filed with the custodian. The statement must be dated and signed by the person who is the subject of the record and include the person’s current address and telephone number. This rule does not authorize the person who is the subject of the record to alter the original record or to expand the official record of any agency proceeding.
This rule is intended to implement Iowa Code section 22.11.
761—4.8(22) Notice to suppliers of information. When the department requests a person to supply information about that person, the department shall notify the person of the use that will be made of the information, which persons outside the agency might routinely be provided this information, which parts of the requested information are required and which are optional, and the consequences of a failure to provide the information requested. This notice may be given in these or other rules of the department, on the written form used to collect the information, on a separate fact sheet or letter, in brochures, in formal agreements, in contracts, in handbooks, in manuals, orally, or by other appropriate means.
This rule is intended to implement Iowa Code section 22.11.
761—4.9(22) Confidential records. This rule describes the types of departmental information or rec–ords that are confidential. This rule is not exhaustive. A citation of the legal authority for confidentiality follows each description.
As related to particular types of confidential information or records, this rule also includes exceptions to confidentiality, the rights of certain persons to have access, and permissible disclosures.
Descriptions:
4.9(1) Hospital, medical and professional counselor records of the condition, diagnosis, care or treatment of present or former patients or counselees. (Iowa Code section 22.7)
a. This category of records includes but is not limited to hospital, medical and professional counselor records of present or former departmental employees.
b. Notwithstanding this subrule, State of Iowa Employers Work Injury Report forms are not confidential.
c. The subject of a hospital, medical or professional counselor record has the right of access to it.
4.9(2) Trade secrets which are recognized and protected by law. (Iowa Code section 22.7)
a. The person who furnished the trade secret information has the right of access to this information.
b. Reserved.
4.9(3) Records which constitute attorney work product, attorney–client communications, or that are otherwise privileged. (Attorney work product is confidential under Iowa Code sections 22.7, 622.10 and 622.11, Iowa R. C. P. 1.503(3), Fed. R. Civ. P. 26(b)(3), and case law. Attorney–client communications are confidential under Iowa Code sections 622.10 and 622.11, the rules of evidence, the Code of Professional Responsibility, and case law.)
a. This category of records includes but is not limited to:
(1) Investigations conducted in anticipation of tort claims or other litigation.
(2) Records directly related to threatened litigation over title.
b. Reserved.
4.9(4) Peace officers’ investigative reports, except where disclosure is required or authorized by the Iowa Code. However, the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident are not confidential except in those unusual circumstances where disclosure would plainly and seriously jeopardize an investigation or would pose a clear and present danger to the safety of an individual. (Iowa Code section 22.7)
4.9(5) Reports to the department which, if released, would give advantage to competitors and serve no public purpose. (Iowa Code section 22.7)
a. Examples of records which could in the proper circumstances be determined to be within this category include but are not limited to:
(1) Financial reports filed by contractors for departmental use in determining their eligibility to bid on projects advertised for letting. This includes financial information from these reports that is stored on computer.
(2) Documents submitted by firms for departmental use in certifying their eligibility as disadvantaged business enterprises.
(3) Prequalification forms filed with the department under rule 761—20.8(307). This includes the selection committee’s working papers; however, the final selection committee report is not confidential once it has been approved by the appropriate division director. Selection committee activities may also fall under subrule 4.9(20).
(4) Financial reports filed with the department for the purpose of seeking certificates of self–insurance under Iowa Code section 321A.34.
(5) Copies of agreements between sign owners and landowners filed with the department in support of the issuance of outdoor advertising permits.
(6) Copies of private contracts between railroads and shippers or other private parties.
(7) Barge terminal surveys which ask for shipping and financial information from barge companies.
b. The subject of the record has the right of access to it.
4.9(6) Criminal identification files, except for the records of current and prior arrests. (Iowa Code section 22.7)
a. The custodian may disseminate criminal identification data to a peace officer, a criminal justice agency, or a state or federal regulatory agency if the custodian is satisfied that the need to know and the intended use are reasonable.
b. The custodian shall also comply with Iowa Code chapter 692.
4.9(7) Personal information in confidential personnel records of present or former departmental employees. (Iowa Code section 22.7)
a. Submission by an employee of an employment application form shall constitute authorization for the release of a copy of the employee’s complete personnel records to the selecting authority.
b. Confidential personnel information relating to a particular program shall be released to that agency or company which is administering the program.
c. The subject of a personnel record has the right of access to it.
4.9(8) Communications not required by law, rule or procedure that are made to the department by identified persons outside of government, to the extent that it could reasonably be believed that those persons would be discouraged from making the communications if they were made available for general public examination. (Iowa Code section 22.7)
a. This category of records includes but is not limited to exit interviews for voluntary terminations.
b. Exceptions to confidentiality:
(1) A communication is not confidential if its author consents to its release.
(2) Information in a communication that can be disclosed without identifying its author or enabling others to ascertain that identity is not confidential.
(3) Information in a communication that indicates the date, time, specific location, and immediate facts and circumstances surrounding the occurrence of a crime or other illegal act is not confidential unless disclosure would plainly and seriously jeopardize a continuing investigation or would pose a clear and present danger to the safety of any person.
c. The author of a communication has the right of access to it.
4.9(9) Examinations, including but not limited to cognitive and psychological examinations for law enforcement officer candidates administered by or on behalf of a government body, to the extent that their disclosure could reasonably be believed by the lawful custodian to interfere with the accomplishment of the objectives for which they are administered. (Iowa Code section 22.7)
4.9(10) Information concerning the nature and location of an archaeological resource or site if, in the opinion of the state archaeologist, disclosure of the information will result in unreasonable risk of damage to or loss of the resource or site where the resource is located. (Iowa Code section 22.7)
4.9(11) Information concerning the nature and location of an ecologically sensitive resource or site if, in the opinion of the director of the department of natural resources after consultation with the state ecologist, disclosure of the information will result in unreasonable risk of damage to or loss of the resource or site where the resource is located. (Iowa Code section 22.7)
4.9(12) Those portions of the department’s staff manuals, instructions or other statements issued which set forth criteria or guidelines to be used by departmental staff in auditing, in making inspections, in settling commercial disputes or negotiating commercial arrangements, or in the selection or handling of cases, such as operational tactics or allowable tolerances or criteria for the defense, prosecution or settlement of cases, when disclosure of these statements would enable law violators to avoid detection, facilitate disregard of requirements imposed by law, or give a clearly improper advantage to persons who are in an adverse position to the department. (Iowa Code sections 17A.2 and 17A.3)
4.9(13) The detailed minutes and tape recording of a closed session of the commission. However, if the closed session regards a real estate purchase, the minutes and tape recording shall be available for public inspection when the transaction discussed is completed. (Iowa Code section 21.5)
4.9(14) Vehicle accident reports submitted to the department by drivers and peace officers. (Iowa Code sections 321.266 and 321.271)
a. However, access shall be granted to those persons authorized by Iowa Code section 321.271.
b. Rescinded IAB 1/8/03, effective 2/12/03.
4.9(15) All information filed with the court for the purpose of securing a warrant for an arrest until the arrest has been made and the warrant has been returned. (Iowa Code section 804.29)
4.9(16) All information filed with the court for the purpose of securing a warrant for a search until the warrant has been executed and returned. (Iowa Code section 808.13)
4.9(17) Information obtained by the department from the examining of reports or records required to be filed or kept under the provisions of Iowa Code chapter 452A, except where disclosure is authorized by chapter 452A. (Iowa Code section 452A.63)
4.9(18) Sealed bids received prior to the time set for public opening of bids. (Iowa Code section 72.3)
4.9(19) Except as required by Iowa Code section 6B.45, the parcel file for a right–of–way acquisition until title has passed to the state and all contract and relocation claims have been paid. (Iowa Code section 22.7)
4.9(20) Those records which, if disclosed, would diminish competition or would give an improper advantage to persons who are in an adverse position to the department. These records shall be kept confidential until the transaction to which they relate is consummated. However, if disclosure would reveal information which would hinder future competition, the records shall be kept confidential. (Iowa Code sections 17A.2, 17A.3, 22.7 and 313.10, Iowa Code chapter 553, and rules 761—Chapter 20)
a. Examples of records which could, in the proper circumstances, be determined to be within this category include but are not limited to:
(1) Detailed estimates of the cost of a proposed contract.
(2) Economic analyses for determining pavement types.
(3) Negotiations for a proposed contract.
(4) Methodology for determining unfair bidding practices or bid rigging.
(5) Price quotations solicited.
(6) The value of points assigned to a bid rating formula prior to the time set for public opening of bids.
(7) Laboratory testing reports of suppliers’ products. These may also be trade secrets. The subject of the report has the right of access to it.
b. Reserved.
4.9(21) Income tax forms or rental, income or expense statements furnished by relocatees as documentation for relocation assistance payments. (Iowa Code sections 22.7 and 422.20, 5 U.S.C. §§ 552 and 552a)
a. The subject of the form or statement has the right of access to it.
b. Reserved.
4.9(22) Audit reviews for determining EEO contract compliance. (Iowa Code section 22.7,5 U.S.C. §§ 552 and 552a)
a. The subject of the audit review has the right of access to it.
b. Reserved.
4.9(23) Tax records made available to the department. (Iowa Code section 422.20)
4.9(24) Personal information in motor vehicle records. (Iowa Code section 321.11 and 18 U.S.C.§ 2721 et seq.)
a. This information may be disclosed only as provided in Iowa Code section 321.11, 18 U.S.C.§ 2721 et seq., and 761—Chapters 415, 610 and 611.
b. The subject of the personal information has the right of access to the information.
4.9(25) A report received by the department from a physician or optometrist regarding a person who has been diagnosed as having a physical or mental condition which would render the person physically or mentally incompetent to operate a motor vehicle in a safe manner. (Iowa Code section 321.186)
4.9(26) Certain records regarding undercover driver’s licenses issued to peace officers, as specified in 761—Chapter 625. (Iowa Code sections 22.7 and 321.189A)
a. The subject of the record and the head of the law enforcement agency employing the subject have the right of access to the record.
b. Reserved.
4.9(27) Records related to confidential plates issued for government vehicles. (Iowa Code section 321.19)
a. The head of the agency to which the vehicle is assigned has the right of access to the record.
b. Reserved.
4.9(28) Data processing software developed by the department. (Iowa Code section 22.7)
a. The custodian may provide, restrict or prohibit access to this software in accordance with Iowa Code section 22.3A.
b. Reserved.
4.9(29) Records containing information that would disclose, or might lead to the disclosure of, private keys used in a digital signature or other similar technologies as provided in Iowa Code chapter 554D, and records which, if disclosed, might jeopardize the security of an electronic transaction pursuant to Iowa Code chapter 554D. (Iowa Code section 22.7)
4.9(30) The portion of a record request that contains an Internet protocol number which identifies the computer from which a person requests a record. However, such record may be released with the express written consent of the requester. (Iowa Code section 22.7)
4.9(31) Certified transcripts of labor payrolls (also known as certified payroll records) filed by contractors for federal–aid construction contracts, in accordance with the following paragraphs. (Iowa Code section 22.7, 5 U.S.C. §§ 552 and 552a, 42 U.S.C. § 405)
a. The social security numbers in a certified payroll record are confidential. The record itself may be confidential if its release would give advantage to competitors and serve no public purpose.
b. The prime contractor and subcontractor, if applicable, that filed the record have the right of access to it.
c. Certified payroll records shall be released to the U.S. Department of Labor and Federal Highway Administration during investigations.
d. The custodian may release a certified payroll record with social security numbers withheld to representatives of the Iowa Labor Management Work Preservation Fund.
e. The custodian may release a certified payroll record with social security numbers withheld to persons outside the department other than the persons listed in paragraphs “b” to “d” according to the following procedure:
(1) The request for the record must be in writing.
(2) The custodian shall send a copy of the request by registered mail to the prime contractor. If the request is for subcontractor information, the custodian shall send copies of the request to both the subcontractor and prime contractor.
(3) The requested record shall not be released until 14 calendar days have expired from receipt of the request by the contractor(s). This gives the contractor(s) an opportunity to seek an injunction.
4.9(32) Information concerning an open or pending railroad accident investigation conducted on behalf of or in conjunction with the Federal Railroad Administration or National Transportation Safety Board to the extent necessary to prevent denial of funds, services or essential information from the United States government. (Iowa Code section 22.9)
4.9(33) All other information or records that by law are or may be confidential, with the following exceptions:
a. Records of the departmental library.
b. Reserved.
This rule is intended to implement Iowa Code chapters 22, 553 and 692; Iowa Code sections 6B.45, 17A.2, 17A.3, 21.5, 72.3, 313.10, 321.11, 321.19, 321.186, 321.189A, 321.266, 321.271, 422.20, 452A.63, 602.10112, 622.10, 622.11, 804.29 and 808.13; 5 U.S.C. §§ 552 and 552a; and 18 U.S.C.§ 2721 et seq.
761—4.10(22) Release of confidential records. Rescinded IAB 1/8/03, effective 2/12/03.
[Filed 4/27/88, Notice 2/24/88—published 5/18/88, effective 6/22/88]
[Filed 11/3/88, Notice 9/21/88—published 11/30/88, effective 1/4/89]
[Filed 11/1/89, Notice 9/20/89—published 11/29/89, effective 1/3/90]
[Filed 1/15/92, Notice 12/11/91—published 2/5/92, effective 3/11/92]
[Filed 12/12/02, Notice 10/16/02—published 1/8/03, effective 2/12/03]
CHAPTERS 5 to 9
Reserved
chapter 10
ADMINISTRATIVE RULES
[Prior to 6/3/87, Transportation Department[820]—(01,B) Ch1]
10.1(1) Rescinded, effective 1/7/87.
10.1(2) Definitions. The definitions in Iowa Code section 17A.2 and the definition of “small business” in Iowa Code section 17A.4A are hereby adopted. In addition:
“Commission” means the Iowa transportation commission.
“Department” means the Iowa department of transportation.
“Director” means the director of transportation or the director’s designee.
“Written criticisms” means:
1. Petitions for rule making, objections filed pursuant to Iowa Code subsection 17A.4(4), and written and oral submissions received during rule making pursuant to Iowa Code paragraph 17A.4(1)“b.”
2. Petitions for waiver of a rule tendered to the department or granted by the department under 761—Chapter 11.
3. Letters to the director criticizing or recommending changes to a rule.
10.1(3) Address. The address of the department’s administrative rules coordinator is: Administrative Rules Coordinator, Office of Policy and Legislative Services, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.
10.2(1) Notice of Intended Action—approval and content. Written authorization to publish proposed rules under Notice of Intended Action in the “Iowa Administrative Bulletin” shall be made by the director. The Notice of Intended Action shall contain:
a. Either the complete text of the proposed rules or a summary of the subjects and issues involved.
b. The methods that persons and agencies may use to present their views on the proposed rules. In addition to providing for the submission of written comments, the Notice shall afford any interested person or agency the opportunity to make an oral presentation.
c. Any other information required by statute or rule.
d. Each commissioner shall be sent a copy of the Notice of Intended Action before its publication in the Iowa Administrative Bulletin.
10.2(2) Notice of Intended Action—submission of written comments and written requests to make an oral presentation.
a. With regard to proposed rules published under Notice of Intended Action, the department shall accept and consider, from any person or agency, written comments and written requests to make an oral presentation when prepared and submitted in conformance with the following:
(1) Comments and requests shall clearly state the name, address and telephone number of the person or agency authoring the comment or request and the number and title of the proposed rule as given in the Notice of Intended Action.
(2) If an oral presentation is requested, the general content of the presentation shall be indicated.
(3) Comments and requests shall be submitted to the office specified in the Notice of Intended Action. To be considered, they must be received by the office no later than the date specified in the Notice. The date shall be no less than 20 days after publication of the Notice.
b. The receipt and acceptance for consideration of written comments and written requests shall be promptly acknowledged by the department.
(1) Written comments received after the deadline may be accepted by the department although their consideration is not assured.
(2) Written requests to make an oral presentation received after the deadline shall not be accepted.
c. In addition to the formal procedures contained in this rule, the department may solicit viewpoints or advice concerning proposed rules through informal conferences or consultations as the department may deem desirable.
10.2(3) Adoption and fili