Iowa Admin. Code r. 531-4.5 - Criteria for waiver

Current through Register Vol. 44, No. 20, April 6, 2022

In response to a petition completed pursuant to rule 531-5.6(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 person;
3. The provisions of the rule subject to the petition for a waiver are not specifically mandated by statute or another provision of law; and
4. Substantially equivalent 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.

Notes

Iowa Admin. Code r. 531-4.5
Amended by IAB October 20, 2021/Volume XLIV, Number 8, effective 11/24/2021

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