Iowa Admin. Code r. 265-18.4

Current through Register Vol. 47, No. 6, September 18, 2024

Rule 265-18.4 - Criteria for waiver

In response to a petition completed pursuant to rule 265-18.6(17A,16), the authority may in its sole discretion issue an order waiving in whole or in part the requirements of a rule if the authority finds, based on clear and convincing evidence, all of the following:

1. The application of the rule would impose an undue hardship on the person for whom the waiver is requested;

2. The waiver from the requirements of the rule in the specific case would not prejudice the substantial legal rights of any person;

3. The provisions of the rule subject to the petition for a waiver are not specifically mandated by statute or another provision of law; and

4. Substantially equal protection of public health, safety, and welfare will be afforded by a means other than that prescribed in the particular rule for which the waiver is requested.

In determining whether a waiver should be granted, the authority shall consider the public interest, policies and legislative intent of the statute on which the rule is based.

Iowa Admin. Code r. 265-18.4

Amended by IAB June 2, 2021/Volume XLIII, Number 25, effective 7/7/2021