This chapter outlines a uniform process for the granting of
waivers from rules adopted by the board or the superintendent in situations
where no other more specifically applicable law provides for waivers. The
intent of this chapter is to allow persons to seek exceptions to the
application of rules issued by the board or the superintendent. This chapter
shall not apply to rules that merely define the meaning of a statute or other
provision of law or precedent if the division does not possess delegated
authority to bind the courts to any extent with its definition. 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.
(1)
Definitions.
"Board" means the credit union review board
created by Iowa Code section
533.107.
"Person" means an individual, corporation,
limited liability company, government or governmental subdivision or agency,
business trust, estate, trust, partnership or association, or any legal
entity.
"Superintendent" means the superintendent of
credit unions appointed by the governor to direct and regulate credit unions
pursuant to Iowa Code chapter 533.
"Waiver" means an agency action which suspends
in whole or in part the requirements or provisions of a rule as applied to an
identified person on the basis of the particular circumstances of that
person.
(2)
Applicability.
a. The
superintendent may grant a waiver from a rule adopted by the board or
superintendent only if (1) the board or superintendent has jurisdiction over
the rule; (2) no statute or rule otherwise controls the granting of a waiver
from the rule from which waiver is requested; and (3) the requested waiver is
consistent with applicable statutes, constitutional provisions, or other
provisions of law.
b. No waiver may
be granted from a requirement which is imposed by statute.
Notes
Iowa Admin. Code r. 189-23.1
Amended by
IAB
July 28, 2021/Volume XLIV, Number 2, effective
9/1/2021
