Requests for waiver of a rule in the Workforce Development
Board/Services Division[877] of the Iowa Administrative Code shall be made to
the Division Administrator, Division of Workforce Development Center
Administration, 150 Des Moines Street, Des Moines, Iowa 50309.
(1) Waivers from division rules shall not be
granted unless the following circumstances are met:
a. The department has exclusive rule-making
authority to promulgate the rule from which waiver is requested; and
b. No statute or rule otherwise controls the
grant of a waiver from the rule from which waiver is requested.
(2) The person that requests
waiver of the rule must provide clear and convincing evidence that:
a. Compliance with the rule will create an
undue hardship on the person requesting the waiver.
b. Substantially equal protection of health
and safety will be afforded by a means other than that prescribed in the
particular rule for which the waiver is requested.
c. The waiver will not harm other persons and
will not adversely affect the public interest.
(3) The director shall grant or deny the
waiver within 60 days of the date the request is filed with the department
after review and recommendation of the division administrator. A denial of a
request for a waiver is absolutely final and is not appealable. The director
shall deny the request for waiver of a state or federal statute. If the request
for waiver relates to a time requirement of a rule, the request must be
received before the time specified in the rule has expired. The director may
deny the request if the request does not comply with the provisions of this
rule.
(4) Waivers are granted at
the complete discretion of the director after consideration of all relevant
factors including, but not limited to, the following:
a. The need of the person or entity directly
affected by the exception. Exceptions will be granted only in cases of extreme
need.
b. Whether there are
exceptional circumstances justifying an exception to the general rule
applicable in otherwise similar circumstances.
c. Whether granting the exception would
result in a net savings to the state or promote efficiency in the
administration of programs or service delivery. Net savings or efficiency will
make an exception more likely.
d.
In the case of services, assistance, or grants, whether other possible sources
have been exhausted. Exceptions will not generally be granted if other sources
are available.
e. The cost of the
exception to the state and availability of funds in the department's
budget.
(5) All requests
for
waiver must substantially conform to the following form:
(NAME OF PERSON REQUESTING WAIVER).
}
REQUEST FOR WAIVER OF (SPECIFY RULE FOR WHICH WAIVER IS
REQUESTED).
Reasons for requesting waiver:
Name, address, telephone number and signature of person
submitting waiver request.
The specific rule to which an exception is requested or the
substance thereof.
The specific waiver requested.
The nature of the waiver requested, including any alternative
means or other proposed condition or modification proposed to achieve the
purpose of the rule.
(6)
The director may condition the grant of a waiver on such reasonable conditions
as appropriate to achieve the objectives of the particular rule in question
through alternative means.
(7) A
waiver is void if the material facts upon which the request is based are not
true or if material facts have been withheld. The director may, at any time,
cancel a waiver upon appropriate notice if the director finds the facts as
stated in the request appear not true, material facts have been withheld, the
alternative means of compliance provided in the waiver has failed to achieve
the objectives of the statute, or the person requesting the waiver has failed
to comply with conditions set forth in the waiver approval.
(8) All grants of waivers shall be indexed
and available to members of the public in the Division of Workforce Development
Center Administration, 150 Des Moines Street, Des Moines, Iowa 50309. In
addition, the director shall notify the workforce development board of any
ruling to grant a
waiver at its next regularly scheduled meeting following the
ruling.
This rule is intended to implement Iowa Code chapter 17A and
Executive Order Number Eleven.
1Effective date of March 15, 2000,
delayed 70 days by the Administrative Rules Review Committee at its meeting
held March 10, 2000.
