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4.36        Loss of License, Registration, or Certificate Required as
               Condition of Employment by a Regent Institution Employee

          A.     Policy:  

Since the Regent institutions have numerous job classifications and positions that require employees to be licensed to practice their professions or to drive Regent and/or state vehicles, this policy addressing the loss of license, registration or certificate was developed.  The policy complies with Iowa Code 321J (Operating a motor vehicle while intoxicated) and 252J (Child Support — Sanctions).  

       1.      Employees whose job classification or position REQUIRES the possession and maintenance of a license, permit, certificate, registration, or approval in order to perform the essential functions of that position’s assigned duties and who subsequently have that license, permit, certificate, registration, or approval revoked, rescinded, suspended, or renewal denied may be, after the exhaustion of all administrative contested case proceedings before the licensing agency, terminated from employment for failure to maintain the necessary qualifications required for that position.  

a.     “Requires the possession and maintenance of” means as stated in the minimum qualifications or selective certification provisions for the job class or positions.  NOTE:  This definition requires that the specific license, permit, certificate, registration or approval cited must be documented in the class description and/or position description questionnaire.  

       2.       Employees whose job classification or position occasionally require the employee to use a vehicle for the conduct of Regent institution business, and who subsequently have their driving privileges suspended, revoked, or barred either for violations of statutes relating to Operating While Intoxicated, habitual violations, or failure to satisfy court ordered child support payments shall, for the period of suspension, revocation, or bar, not operate any Regent institution or state vehicles.  

3.      If the job requires the employee to travel, employees whose driving privileges are restricted by a temporary driving permit that requires the installation of an ignition interlock device will either use a personal vehicle or arrange alternate transportation.  An ignition interlock device may NOT be installed on any vehicle owned by Regent institutions or the state.  

      B.    Definition of License:

The term “license” shall be defined as a license, certification, registration, permit, approval, renewal, or other similar authorization issued by a licensing authority which evidences the admission to, or granting of authority to engage in a profession, occupation, business, or industry, or to operate or register a motor vehicle.