19.0104 Commission and police responsibilities – Appeal of actions.

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The commerce commission views the relationship of the chief of police as the examiner of applicants for commercial drivers’ permits and the commerce commission as follows:

(a) the commerce commission views its responsibility as one of promulgating rules for the implementation of 19.01 and 19.02 ASCA, and hearing of appeals from the day-to-day decisions or administration of the chief of police.

(b) the chief of police, as the examiner of all applicants for commercial driver’s permits and the examiner of all commercial vehicles in regard to operating or safety requirements, shall either approve or deny commercial vehicle use. Thus, the chief of police shall administer the law and rules on a day-to-day basis.

(c) any adverse decision of the chief of police may be appealed to the commerce commission by the affected person. The commission shall then hold a hearing independently. The commission may, of course, afford such weight as it feels is appropriate to the prior decision of the chief of police.

(d) upon any appeal to the court from an adverse decision of the commission, the commission shall prepare the record of such hearing and the attorney general shall defend the action taken by the commission.

History:Comm. Commn. Regs., eff 1 Jan 73. Reg. 1.02; amd 2012, Rule 01-2012, eff 1 Oct 12.

Amendments: 2012, removed numbering. Subsection (1), removed makeup of the Commission.