Iowa Code

Iowa Code § 321J.13 (2026)

Hearing on revocation — appeal

✓ current as of July 2026

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1. Notice of revocation of a person’s noncommercial driver’s license or operating privilege served pursuant to section 321J.9 or 321J.12 shall include a form accompanied by a preaddressed envelope on which the person served may indicate by a checkmark if the person only wishes to request a temporary restricted license, or if the person wishes a hearing to contest the revocation. The form shall clearly state on its face that the form must be completed and returned within ten days of receipt or the person’s right to a hearing to contest the revocation is foreclosed. The form shall also be accompanied by a statement of the operation of and the person’s rights under this chapter. 2. The department shall grant the person an opportunity to be heard within forty-five days of receipt of a request for a hearing if the request is made not later than ten days after receipt of notice of revocation served pursuant to section 321J.9 or 321J.12. The hearing shall be before the department in the county where the alleged events occurred, unless the director and the person agree that the hearing may be held in some other county, or the hearing may be held by telephone conference at the discretion of the agency conducting the hearing. The hearing may be recorded and its scope shall be limited to the issues of whether a peace officer had reasonable grounds to believe that the person was operating a motor vehicle in violation of section 321J.2 or 321J.2A and one or more of the following: a. Whether the person refused to submit to the test or tests. b. Whether a test was administered and the test results indicated an alcohol concentration equal to or in excess of the level prohibited under section 321J.2 or 321J.2A. c. Whether a test was administered and the test results indicated the presence of alcohol, a controlled substance or other drug, or a combination of alcohol and another drug, in violation of section 321J.2. 3. After the hearing the department shall order that the revocation be either rescinded or sustained. Upon receipt of the decision of the department to sustain a revocation, the person contesting the revocation has ten days to file a request for review of the decision by the director. The director or the director’s designee shall review the decision within thirty days and shall either rescind or sustain the revocation or order a new hearing. If the director orders a new hearing, the department shall grant the person a new hearing within twenty days of the director’s order. 4. The department shall stay the revocation of a person’s driver’s license or operating privilege for the period that the person is contesting the revocation under this section or section 321J.14 if it is shown to the satisfaction of the department that the new evidence

Tue Dec 09 22:15:57 2025 Iowa Code 2026, Chapter 321J (48, 3) 19 OPERATING WHILE INTOXICATED, §321J.15\n\nis material and that there were valid reasons for failure to present it in the contested case proceeding before the department. However, a stay shall not be granted for violations of section 321J.2A. 5. If the department fails to comply with the time limitations of this section regarding granting a hearing, review by the director or the director’s designee, or granting a new hearing, and if the request for a hearing or review by the director was properly made under this section, the revocation of the driver’s license or operating privilege of the person who made the request for a hearing or review shall be rescinded. This subsection shall not apply in those cases in which a continuance to the hearing has been granted at the request of either the person who requested the hearing or the peace officer who requested or administered the chemical test. 6. a. The department shall grant a request for a hearing to rescind the revocation if the person whose motor vehicle license or operating privilege has been or is being revoked under section 321J.9 or 321J.12 submits a petition containing information relating to the discovery of new evidence that provides grounds for rescission of the revocation. b. The person shall prevail at the hearing if, in the criminal action on the charge of violation of section 321J.2 or 321J.2A resulting from the same circumstances that resulted in the administrative revocation being challenged, the court held one of the following: (1) That the peace officer did not have reasonable grounds to believe that a violation of section 321J.2 or 321J.2A had occurred to support a request for or to administer a chemical test. (2) That the chemical test was otherwise inadmissible or invalid. c. Such a holding by the court in the criminal action is binding on the department, and the department shall rescind the revocation. If the offense for which the revocation was imposed was committed while the person was operating a noncommercial motor vehicle and holding a commercial driver’s license or commercial learner’s permit and the department disqualified the person from operating a commercial motor vehicle under section 321.208, subsection 2, paragraph “a” or “b”, as a result of the revocation, the department shall also rescind the disqualification. 86 Acts, ch 1220, §13; 87 Acts, ch 148, §1; 88 Acts, ch 1109, §23; 88 Acts, ch 1214, §2; 89 Acts, ch 83, §46; 95 Acts, ch 48, §18; 97 Acts, ch 104, §30, 31; 98 Acts, ch 1073, §9; 98 Acts, ch 1138, §21; 99 Acts, ch 13, §22, 29; 2000 Acts, ch 1133, §16; 2009 Acts, ch 130, §15, 18; 2015 Acts, ch 123, §72; 2018 Acts, ch 1110, §7, 9 Referred to in §321A.17

Notes of Decisions

Cited in 30 cases, 1988–2019 · leading case: State v. TAEGER, 781 N.W.2d 560 (Iowa 2010).

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State v. TAEGER, 781 N.W.2d 560 (Iowa 2010). · cites it 25× “Subsequent to Westendorf , the legislature enacted section 321J.13(4), now codified in section 321J.”

Wiebenga v. Iowa Dep't of Transp., Motor Veh. Div., 530 N.W.2d 732 (Iowa 1995). · cites it 29× “2 filed as a result of the same circumstances which resulted in the revocation has resulted in a decision in which the court has held that the peace officer did not have reasonable grounds to believe that a violation of section 321J.”

Brownsberger v. Dep't of Transp., Motor Veh. Div., 460 N.W.2d 449 (Iowa 1990). · cites it 26× “Iowa Code § 321J.13(4). The DOT resisted Brownsberger’s petition, and following hearing, the hearing officer ruled that, because the district court gave no reason for sustaining the motion to suppress, Brownsberger could not benefit from section 321J.”

Wieslander v. Iowa Dep't of Transp., 596 N.W.2d 516 (Iowa 1999). · cites it 29× “Amendment of Section 321J.13. A. Statutory Background.”

Alex Wayne Westra v. Iowa Dep't of Transp., 929 N.W.2d 754 (Iowa 2019). · cites it 78× “13(4) (codified at Iowa Code § 321J.13 (Supp. 1997))), but then restored it in 1999.”

Teresa Karen Bearinger v. Iowa Dep't of Transp., Motor Veh. Div., 844 N.W.2d 104 (Iowa 2014). · cites it 6× “12(1) together with section 321J.13(2), which sets forth the grounds for appealing a license revocation.”

State v. Stone, 764 N.W.2d 545 (Iowa 2009). · cites it 6× “Iowa Code § 321J.13(6). Thus, the success of Stone’s argument depends on the meaning of “rescind the revocation” contained in section 321J.”

Toby Joseph Welch v. Iowa Dep't of Transp., Motor Veh. Div., 801 N.W.2d 590 (Iowa 2011). · cites it 3× “§ 321J.13(1); Iowa Admin. Code r. 761— 620.”

State of Iowa v. Iowa Dist. Court for Scott Cnty., 889 N.W.2d 467 (Iowa 2017). · cites it 2× “Other parts of Iowa Code section 321J.13(6) may give us clues as to the extent to which law enforcement costs are recoverable.”

Casper v. Iowa Dep't of Transp., Motor Veh. Div., 506 N.W.2d 799 (Iowa Ct. App. 1993). · cites it 8× “However, as the State points out, this hearing was carried out under the provisions of Iowa Code section 321J.13, which provides in part: The hearing .”

Brian James Maxwell v. Iowa Dep't of Pub. Saf., 903 N.W.2d 179 (Iowa 2017). · cites it 2× “”); see also Iowa Code § 321J.13(4) (providing for stay of license revocation pénding judicial review).”

Manders v. Iowa Dep't of Transp., Motor Veh. Div., 454 N.W.2d 364 (Iowa 1990). · cites it 6× “In the present case, petitioner seeks to buttress his claim that there is a statutory exclusionary rule by reliance on Iowa Code section 321J.13(4) (1989), enacted subsequent to Westendorf .”

Show all 30 citing cases →

— Iowa Code § 321J.13(1) — 2 cases

Toby Joseph Welch v. Iowa Dep't of Transp., Motor Veh. Div., 801 N.W.2d 590 (Iowa 2011). “§ 321J.13(1); Iowa Admin. Code r. 761— 620.”

Wieslander v. Iowa Dep't of Transp., 596 N.W.2d 516 (Iowa 1999). “Amendment of Section 321J.13. A. Statutory Background.”

— Iowa Code § 321J.13(2) — 7 cases

Teresa Karen Bearinger v. Iowa Dep't of Transp., Motor Veh. Div., 844 N.W.2d 104 (Iowa 2014). “12(1) together with section 321J.13(2), which sets forth the grounds for appealing a license revocation.”

Missman v. Iowa Dep't of Transp., 653 N.W.2d 363 (Iowa 2002).

State v. Fischer, 785 N.W.2d 697 (Iowa 2010).

Furry v. Iowa Dep't of Transp., Motor Veh. Div., 464 N.W.2d 869 (Iowa 1991).

Lee v. Iowa Dep't of Transp., Motor Veh. Div., 693 N.W.2d 342 (Iowa 2005).

— Iowa Code § 321J.13(2)(a) — 2 cases

Peterson v. Iowa Dep't of Transp., 508 N.W.2d 689 (Iowa 1993).

State Of Iowa Vs. Jeffrey Alan Fischer (Iowa 2010).

— Iowa Code § 321J.13(2)(c) — 1 case

— Iowa Code § 321J.13(3) — 2 cases

Toby Joseph Welch v. Iowa Dep't of Transp., Motor Veh. Div., 801 N.W.2d 590 (Iowa 2011). “§ 321J.13(1); Iowa Admin. Code r. 761— 620.”

Ramsey v. Iowa Dep't of Transp., Motor Veh. Div., 576 N.W.2d 103 (Iowa 1998).

— Iowa Code § 321J.13(4) — 13 cases

Wiebenga v. Iowa Dep't of Transp., Motor Veh. Div., 530 N.W.2d 732 (Iowa 1995). “2 filed as a result of the same circumstances which resulted in the revocation has resulted in a decision in which the court has held that the peace officer did not have reasonable grounds to believe that a violation of section 321J.”

Brownsberger v. Dep't of Transp., Motor Veh. Div., 460 N.W.2d 449 (Iowa 1990). “Iowa Code § 321J.13(4). The DOT resisted Brownsberger’s petition, and following hearing, the hearing officer ruled that, because the district court gave no reason for sustaining the motion to suppress, Brownsberger could not benefit from section 321J.”

Wieslander v. Iowa Dep't of Transp., 596 N.W.2d 516 (Iowa 1999). “Amendment of Section 321J.13. A. Statutory Background.”

Brian James Maxwell v. Iowa Dep't of Pub. Saf., 903 N.W.2d 179 (Iowa 2017). “”); see also Iowa Code § 321J.13(4) (providing for stay of license revocation pénding judicial review).”

Manders v. Iowa Dep't of Transp., Motor Veh. Div., 454 N.W.2d 364 (Iowa 1990). “In the present case, petitioner seeks to buttress his claim that there is a statutory exclusionary rule by reliance on Iowa Code section 321J.13(4) (1989), enacted subsequent to Westendorf .”

— Iowa Code § 321J.13(6) — 7 cases

State v. TAEGER, 781 N.W.2d 560 (Iowa 2010). “Subsequent to Westendorf , the legislature enacted section 321J.13(4), now codified in section 321J.”

Alex Wayne Westra v. Iowa Dep't of Transp., 929 N.W.2d 754 (Iowa 2019). “13(4) (codified at Iowa Code § 321J.13 (Supp. 1997))), but then restored it in 1999.”

State of Iowa v. Iowa Dist. Court for Scott Cnty., 889 N.W.2d 467 (Iowa 2017). “Other parts of Iowa Code section 321J.13(6) may give us clues as to the extent to which law enforcement costs are recoverable.”

State v. Stone, 764 N.W.2d 545 (Iowa 2009). “Iowa Code § 321J.13(6). Thus, the success of Stone’s argument depends on the meaning of “rescind the revocation” contained in section 321J.”

State Of Iowa Vs. Todd Robert Taeger (Iowa 2010).

— Iowa Code § 321J.13(6)(1) — 1 case

Alex Wayne Westra v. Iowa Dep't of Transp., 929 N.W.2d 754 (Iowa 2019). “13(4) (codified at Iowa Code § 321J.13 (Supp. 1997))), but then restored it in 1999.”

— Iowa Code § 321J.13(6)(5) — 1 case

Lee v. Iowa Dep't of Transp., Motor Veh. Div., 693 N.W.2d 342 (Iowa 2005).

— Iowa Code § 321J.13(6)(b) — 1 case

Alex Wayne Westra v. Iowa Dep't of Transp., 929 N.W.2d 754 (Iowa 2019). “13(4) (codified at Iowa Code § 321J.13 (Supp. 1997))), but then restored it in 1999.”

— Iowa Code § 321J.13(6)(c) — 1 case

State v. Stone, 764 N.W.2d 545 (Iowa 2009). “Iowa Code § 321J.13(6). Thus, the success of Stone’s argument depends on the meaning of “rescind the revocation” contained in section 321J.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.