Iowa Admin. Code r. 653-3.4 - Criteria for waiver

In response to a petition completed pursuant to rule 653-3.6(17A, 147, 148), 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 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

Iowa Admin. Code r. 653-3.4

Amended by IAB May 3, 2021/Volume XLIII, Number 23, effective 6/9/2021