Iowa Admin. Code r. 286-10.4 - Commission discretion
The decision on whether the circumstances justify the granting
of a
(1)
Criteria for waiver . In determining whether a waiver should be
granted, the commission shall consider the public interest, policies and
legislative intent of the statute on which the rule is based. When the rule
from which a waiver is sought establishes administrative deadlines, the
commission shall balance the special individual circumstances of the petitioner
with the overall goal of uniform treatment of all similarly situated persons.
The commission may, in response to a completed petition, grant a waiver from a
rule, in whole or in part, as applied to the circumstances of a specified
situation if the commission finds all of the following:
a. The application of the rule would result
in an undue hardship on the person for whom the waiver is requested;
b. The waiver from the requirements of the
rule in the specific case would not prejudice the substantial legal rights of
any person ;
c. The provisions of
the rule subject to the petition for waiver are not specifically mandated by
statute or another provision of law; and
d. 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.
(2)
Special waiver rules
not precluded. These uniform waiver rules shall not preclude the
commission from granting waivers in other contexts if a statute or other rule
authorizes the commission to do so and the commission deems it appropriate to
do so.
Notes
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