Iowa Admin. Code r. 265-18.10 - After issuance of a waiver
(1)
Voiding
or cancellation. A waiver is void if the material facts upon which the
petition is based are not true or if material facts have been withheld. The
authority may withdraw, cancel or modify a waiver if, after appropriate notice
and hearing, the authority issues an order finding any of the following: facts
as stated in the request are not true; material facts have been withheld; the
alternative means of compliance provided in the waiver have failed to achieve
the objectives of the statute or substantially equal protection of public
health, safety, and welfare; or the requester has failed to comply with the
conditions of the order.
(2)
Violations. Violation of a condition in a waiver order is the
equivalent of a violation of the particular rule for which the waiver is
granted. The recipient of a waiver under this chapter who violates a condition
of the waiver may be subject to the same remedies or penalties as a person who
violates the rule at issue.
(3)
Defense. After the authority issues an order granting a
waiver , the order is a defense within its terms and the specific facts
indicated therein for the person to whom the order pertains in any proceeding
in which the rule in question is sought to be invoked.
(4)
Judicial review.
Judicial review of the authority 's decision to grant or deny a waiver petition
may be undertaken in accordance with Iowa Code chapter 17A.
Notes
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