Iowa Administrative Code
Agency 761 - Transportation Department
Driver Licenses
Chapter 604 - License Examination
Rule 761-604.40 - Failure to Pass Examination
Universal Citation: IA Admin Code 761-604.40
Current through Register Vol. 47, No. 13, December 25, 2024
(1) An applicant who fails to pass a required examination or reexamination shall not be licensed.
a. If the applicant does not have a valid
Iowa license, the department shall deny the applicant a license.
b. If the applicant has a valid Iowa license,
the department shall suspend the license for incapability. However, if the
applicant's license is valid for less than 30 days, the department shall deny
further licensing. The department shall serve a notice of suspension or
denial.
c. See 761-615.4(321) for
further information on denials and
761-615.14 (321) for further
information on suspensions for incapability.
d. An applicant may contest a denial or
suspension in accordance with
761-615.38
(321).
(2) Limitations on the hearing and appeal process.
a. After a
suspension or denial for failure to pass a required knowledge or driving test,
a person who contests the suspension or denial shall be deemed to have
exhausted the person's administrative remedies after three unsuccessful
attempts to pass the required test.
b. After the three unsuccessful attempts, no
further testing shall be allowed until six months have elapsed from the date of
the last test failure, and then only if the applicant demonstrates a
significant change or improvement in those physical or mental factors that
resulted in the original decision. A request for further testing must be
submitted in writing to the driver and identification services bureau at the
address in subrule 604.3(1).
c.
Notwithstanding paragraphs"a " and"b " of
this subrule, no testing shall occur if the director determines that it is
unsafe to allow testing.
This rule is intended to implement Iowa Code chapter 17A and sections 321.177, 321.180A and 321.210.
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