arc 3771b
EDUCATIONAL EXAMINERS BOARD[282]
Notice of Intended Action
Twenty–five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby gives Notice of Intended Action to amend Chapter 21, "Behind–the–Wheel Driving Instructor Authorization," Iowa Administrative Code.
The proposed amendment is necessary to align the rule with recent changes in Department of Transportation qualifications with regard to a clear driving record.
A waiver provision is not included. The Board has adopted a uniform waiver rule.
Any interested party or persons may present their views either orally or in writing at the public hearing that will be held Tuesday, November 30, 2004, at 1:30 p.m. in Room3 North, Third Floor, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa 50319.
At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendment. Persons who wish to make oral presentations at the public hearing may contact the Executive Director, Board of Educational Examiners, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa 50319–0147, or at (515)281– 5849, prior to the date of the public hearing.
Any person who intends to attend the public hearing and requires special accommodations for specific needs, such as a sign language interpreter, should contact the office of the Executive Director at (515)281–5849.
Any interested person may make written comments or suggestions on the proposed amendment before 4 p.m. on Friday, December 3, 2004. Written comments and suggestions should be addressed to Barbara F. Hendrickson, Board Secretary, Board of Educational Examiners, at the above address, or sent by E–mail to barbara.hendrickson@iowa.gov, or by fax to (515)281–7669.
This amendment is intended to implement Iowa Code chapter 272.
A fiscal impact summary prepared by the Legislative Services Agency pursuant to Iowa Code Supplement § 17A.4(3) will be available at http://www.legis.state.ia.us/IAC.html or at (515)281–5279 prior to the Administrative Rules Review Committee’s review of this rule making.
The following amendment is proposed.
Amend subrule 21.1(1) as follows:
21.1(1) Qualifications. To qualify for the behind–the–wheel driving instructor authorization, the applicant must:
a. Be at least 25 years of age.
b. Hold a valid Iowa driver’s license that permits unaccompanied driving, other than a motorized bicycle license or a temporary restricted license.
c. Have a clear driving record for the previous four two years. A clear driving record means that the individual has:
(1) Not been identified as a candidate for driver’s license suspension under the habitual violator provisions of rule 761—615.13(321) or serious violation provisions of rule 761—615.17(321).
(2) No driver’s license suspensions, revocations, denials, cancellations, disqualifications, or bars.
(3) Not committed an offense which results in driver’s license suspension, revocation, denial, cancellation, disqualification, or bar.
(4) No record of an accident for which the individual was convicted of a motion moving traffic violation.