Iowa Admin. Code r. 497-9.4 - Criteria for waiver

In response to a petition completed pursuant to rule 497-9.6 (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 other person;

3. The provisions of the rule subject to the petition for a waiver are not specifically mandated by statute or court order; and

4. Substantially equal protection of the public interest will be afforded by a means other than that prescribed in the particular rule for which the waiver is requested.

Notes

Iowa Admin. Code r. 497-9.4

Adopted by IAB September 16, 2015/Volume XXXVIII, Number 06, effective 10/21/2015