Iowa Admin. Code r. 191-4.6 - Petition for waiver
A petition for a
(1) Applications.
If the petition relates to an application or license, the petition must be made
in accordance with the filing requirements for the application or license in
question.
(2) Contested cases. If
the petition relates to a pending contested case, the petition must be filed in
the contested case proceeding, using the caption of the contested case. The
waiver petition shall be decided within the context of the contested case
unless the presiding officer, other than the commissioner , determines that the
petition should be referred directly to the commissioner .
(3) Other. If the petition does not relate to
an application or a pending contested case, the petition must be submitted to
the division at the address in rule
191-1.4 (502,505) or as
instructed on the division's website.
(4) Content of petition. A petition for
waiver must be typewritten or legibly handwritten in ink and must substantially
conform to the following form:
Click here to view Image
(5)
The petition shall provide the following information in separate numbered
paragraphs:
1. The name, address and
telephone number of the entity or person for whom a waiver is being requested,
and the case number of any related contested case.
2. A description and citation of the specific
rule from which a waiver is requested.
3. The specific waiver requested, including
the precise scope and duration.
4.
The relevant facts that the petitioner believes would justify a waiver under
each of the criteria described in subrule 4.5(3). This statement shall include
a signed statement from the petitioner attesting to the accuracy of the facts
provided in the petition and a statement of reasons that the petitioner
believes justify a waiver .
5. A
history of any prior contacts between the division and the petitioner relating
to the regulated activity, application or license affected by the proposed
waiver , including a description of each affected license held by the
petitioner, any notices of violation, contested case hearings, or investigative
reports relating to the regulated activity or license within the prior five
years and any waivers or waiver applications filed by the petitioner with the
division within the prior five years.
6. Any information known to the petitioner
regarding the division's treatment of similar cases.
7. The name, address and telephone number of
any public agency or political subdivision that also regulates the activity in
question or that might be affected by the granting of a waiver .
8. The name, address and telephone number of
any entity or person who would be adversely affected by the granting of a
waiver .
9. The name, address and
telephone number of any person with knowledge of the relevant facts relating to
the proposed waiver .
10. Signed
releases of information authorizing persons with knowledge regarding the
request to furnish the division with information relevant to the
waiver .
(6) Notice. The
division must acknowledge a petition upon receipt and ensure that, within 30
days of the receipt of the petition, notice of the pendency of the petition and
a concise summary of its contents have been provided to all persons to whom
notice is required by any provision of law. In addition, the division may give
notice to other persons. To accomplish this notice provision, the division may
require the petitioner to serve the notice on all persons to whom notice is
required by any provision of law and to provide a written statement to the
division attesting that notice has been provided.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.