Iowa Admin. Code r. 205-15.4 - Criteria for waiver
In response to a petition completed pursuant to rule 205-15.6(17A), the board may in its sole discretion issue an order waiving in whole or in part the requirements of a rule if the board 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.
Notes
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