Iowa Admin. Code r. 641-31.10 - Ruling
An order granting or denying a
(1)
Board discretion. The final decision on whether the
circumstances justify the granting of a waiver shall be made at the sole
discretion of the board , upon consideration of all relevant factors. Each
petition for a waiver shall be evaluated by the board based on the unique,
individual circumstances set out in the petition.
(2)
Burden of persuasion.
The burden of persuasion rests with the petitioner to demonstrate by clear and
convincing evidence that the board should exercise its discretion to grant a
waiver from a board rule.
(3)
Narrowly tailored. A waiver , if granted, shall provide the
narrowest exception possible to the provisions of a rule.
(4)
Administrative
deadlines. When the rule from which a waiver is sought establishes
administrative deadlines, the board shall balance the special individual
circumstances of the petitioner with the overall goal of uniform treatment of
all similarly situated persons.
(5)
Conditions. The board may place any condition on a waiver that
the board finds desirable to protect the public health, safety, and
welfare.
(6)
Time period of
waiver . A waiver shall not be permanent unless the petitioner can show
that a temporary waiver would be impracticable. If a temporary waiver is
granted, there is no automatic right to renewal. At the sole discretion of the
board , a waiver may be renewed if the board finds that grounds for a waiver
continue to exist.
(7)
Time
for ruling. The board shall grant or deny a petition for a waiver as
soon as practicable but, in any event, shall do so within 120 days of its
receipt, unless the petitioner agrees to a later date. However, if a petition
is filed in a contested case, the board shall grant or deny the petition no
later than the time at which the final decision in that contested case is
issued.
(8)
When deemed
denied. Failure of the board to grant or deny a petition within the
required time period shall be deemed a denial of that petition by the board .
However, the board shall remain responsible for issuing an order denying a
waiver.
(9)
Service of
order. Within seven days of its issuance, any order issued under this
chapter shall be transmitted to the petitioner or the person to whom the order
pertains, and to any other person entitled to such notice by any provision of
law.
Notes
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