Iowa Admin. Code r. 561-10.4 - Criteria for waiver
Upon petition of any person and at the sole discretion of the department, the department may issue a waiver from the requirements of a rule if the director or the department in a contested case proceeding finds, based on clear and convincing evidence, all of the following:
(1) The application of the rule would pose an
undue hardship on the person for whom the waiver is requested.
(2) The waiver from the requirements of a
rule in the specific case would not prejudice the substantial legal rights of
any person.
(3) The provisions of a
rule subject to a petition for a waiver are not specifically mandated by
statute or another provision of law.
(4) 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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.