Section 571.15.2. Definitions.

For the purposes of this division, the following definitions shall apply:

“Administration fee”  means the fee collected by the department to pay a portion of the cost of administering the sale of licenses through electronic means.

“Department”  means the department of natural resources.

“Director”  means the director of the department of natural resources.

“Immediate family member”  means the spouse, a domestic partner, and all minor children of the licensee or person seeking a license.

“License”  means any license or privilege issued by the department to an individual for hunting or fishing in the state of Iowa. Multiple types of licenses are described in these rules.

“License agent”  means an individual, business, or governmental agency authorized to sell a license.

“Licensee”  means the person who applies for and receives a license under these rules from the department.

“Nonresident”  means a person who is not a resident as that term is defined in this rule.

“Principal and primary residence or domicile”  means the one and only place where a person has a true, fixed, and permanent home, and to where, whenever the person is briefly and temporarily absent, the person intends to return. Relevant factors used to determine a person’s principal and primary residence or domicile include the following:

            1.      Proof of place of employment, which must include the address of the person’s place of employment or business, including the area or region where a majority of the person’s work is performed.

            2.     Physical address, which shall be the person’s 911 address(es) or the address of an immediate family member. A post office box or a forwarded address shall not be accepted by the department to verify the person’s principal and primary residence or domicile.

            3.      Utility records, which must include the person’s name and be associated with the physical address provided for as the person’s principal and primary residence or domicile. The types of records that may be submitted include rental and lease documents and telephone, cellular phone, electricity, water, sewer, cable or satellite television, and any other utility records.

            4.      Real estate records, which include legal documents showing ownership or leasehold interests of any and all real estate related to the physical address used by the department to verify the person’s principal and primary residence or domicile. These records should also provide the time period of such ownership or rental.

            5.      Vehicle registration(s) for any vehicles owned or leased by the person and immediate family members.

            6.      Portion of federal, state or local income tax returns filed during the relevant time period showing the address provided on those forms by the person.

            7.      Documentation of homestead tax exemption allowed to the person or immediate family member(s) for all states in which such exemption is allowed.

            8.      Documentation of any coinhabitants, other than the person’s immediate family members, who use the same principal and primary residence or domicile.

“Resident”  means a natural person who meets any of the following criteria during each year in which the person claims status as a resident:

            1.      Has physically resided in this state at the person’s principal and primary residence or domicile for a period of not less than 90 consecutive days immediately before applying for or purchasing a resident license, tag, or permit under this chapter and has been issued an Iowa driver’s license or an Iowa nonoperator’s identification card. A person is not considered a resident under this rule if the person is residing in the state only for a special or temporary purpose including but not limited to engaging in hunting, fishing, or trapping.

            2.      Is a full-time student at either of the following:

            ●       An accredited educational institution located in this state if the person resides in this state while attending the educational institution.

            ●       An accredited educational institution located outside of this state, if the person is under the age of 25 and normally resides with at least one parent or legal guardian who maintains a principal and primary residence or domicile in this state.

            3.      Is a student who qualifies as a resident pursuant to paragraph “2,” second bulleted paragraph, only for the purpose of purchasing any resident license specified in Iowa Code section 483A.1 or 484A.2.

            4.      Is a resident under 18 years of age whose parent is a resident of this state.

            5.      Is a member of the armed forces of the United States who is serving on active duty, claims residency in this state, and has filed a state individual income tax return as a resident pursuant to Iowa Code chapter 422, division II, for the preceding tax year, or is stationed in this state.

“Retail”  means the sale of goods or commodities to the ultimate consumer, as opposed to the sale of goods or commodities for further distribution or processing.

“Wholesale”  means the sale of goods or commodities for resale by a retailer, as opposed to the sale of goods or commodities to the ultimate consumer.

[ARC 7852B, IAB 6/17/09, effective 7/22/09; ARC 9004B, IAB 8/11/10, effective 9/15/10]