This chapter outlines generally applicable standards and a
uniform process for the granting of individual waivers from rules adopted by
the office in situations where no other more specifically applicable law
provides for waivers. Generally, the office may grant a waiver from a rule only
if the office has jurisdiction over the rule from which a waiver is requested
or has final decision-making authority over a contested case in which a waiver
is requested and the requested waiver is consistent with applicable statutes,
constitutional provisions, or other provisions of law. Except to the extent
authorized and not otherwise prohibited by applicable law, the office may not
waive requirements created or duties imposed by statute. Any waiver must be
consistent with statute.
Notwithstanding the foregoing, to the extent another more
specific provision of law governs the issuance of a waiver from a particular
rule, the more specific provision shall supersede this chapter with respect to
any waiver from that rule. For example:
(1) Iowa Code section
8B.21(5) and 129-Chapter 8 govern information
technology waivers requested by a participating agency from the requirements of
Iowa Code chapter 8B, rules adopted by the office, and information technology
standards and policies prescribed by the office concerning the acquisition,
utilization, or provision of information technology.
(2) Additionally, this chapter does not
govern the waiver of the stated terms, conditions, or requirements in a
procurement of information technology. The standards and processes for the
granting of waivers from the stated terms, conditions, or requirements in a
procurement of information technology shall be as stated in the competitive
selection documents or other applicable solicitation documents initiating the
procurement.
Notes
Iowa Admin. Code r. 129-7.2
Adopted by
IAB
December 18, 2019/Volume XLII, Number 13, effective
1/22/2020
