The department may issue an order, in response to a completed
petition, granting a waiver from a rule adopted by the department, in whole or
in part, as applied to the circumstances of a specified person, if the
department finds that the waiver is consistent with rules
421-7.3 (17A) and 421-7.4(17A),
that the waiver would not prejudice the substantial legal rights of any person,
and either that:
1. The application of
the rule to the person at issue does not advance, to any extent, any of the
purposes for the rule or set of rules; or
2. The following criteria have been met:
* The application of the rule or set of rules to the person at
issue would result in an undue hardship or injustice to that person; and
* The waiver on the basis of the particular circumstances
relative to the specified person would be consistent with the overall public
interest.
In determining whether a waiver would be consistent with the
public interest, the department shall consider whether, if a waiver is granted,
the public health, safety, and welfare will be adequately protected by other
means that will ensure a result that is substantially equivalent to full
compliance with the rule.
Notes
Iowa Admin. Code r. 421-7.5
Amended by
IAB
December 29, 2021/Volume XLIV, Number 13, effective
2/2/2022