Iowa Admin. Code r. 283-7.1 - Waiver process

This chapter outlines a uniform process for granting waivers from rules adopted by the commission.

(1) Commission authority. A waiver from rules adopted by the commission may be granted in accordance with this chapter if:

a. The commission has exclusive rule-making authority to promulgate 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

b. No statute or rule otherwise controls the granting of a waiver from the rule for which a waiver is requested.

(2) Interpretive rules. These uniform waiver rules shall not apply to rules defining a statute or other provisions of law or precedent if the commission does not have delegated authority to bind the courts with its definition.

(3) Compliance with statute. No waiver shall be granted from a requirement that is imposed by statute. Any waiver must be consistent with statute.

Notes

Iowa Admin. Code r. 283-7.1

Editorial change: IAC Supplement 4/3/2024