Granting or denying a request for waiver is final agency
action under Iowa Code chapter 17A. An appeal to district court shall be taken
within 30 days of the issuance of the ruling in response to the request unless
a contrary time is provided by rule or statute.
Exhibit A
Sample Petition (Request) for Waiver
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Requests for waiver from a board rule shall include the
following information in the petition for waiver where applicable and
known:
a. Provide the petitioner's
(person asking for a waiver) name, address, and telephone number.
b. Describe and cite the specific rule from
which a waiver is requested.
c.
Describe the specific waiver requested; include the exact scope and time period
that the waiver will extend.
d.
Explain the important facts that the petitioner believes justify a waiver.
Include in your answer why (1) applying the rule will result in undue hardship
to the petitioner; and (2) granting a waiver to the petitioner is consistent
with the public interest; and (3) granting the waiver will not prejudice the
substantial legal rights of any person; and (4) where applicable, how
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.
e. Provide
history of prior contacts between the board and petitioner relating to the
regulated activity, license, grant, loan or other financial assistance that
would be affected by the waiver; include a description of each affected
license, grant, loan or other financial assistance held by the petitioner, any
notices of violation, contested case hearings, or investigative reports
relating to the regulated activity, license, grant or loan within the past five
years.
f. Provide information known
to the petitioner regarding the board's treatment of similar cases.
g. Provide the name, address, and telephone
number of any public agency or political subdivision which also regulates the
activity in question, or which might be affected by the grant of a
waiver.
h. Provide the name,
address, and telephone number of any person or entity that would be adversely
affected or disadvantaged by the grant of the waiver.
i. Provide the name, address, and telephone
number of any person with knowledge of the relevant or important facts relating
to the requested waiver.
j. Provide
signed releases of information authorizing persons with knowledge regarding the
request to furnish the department with information relevant to the waiver.
I hereby attest to the accuracy and truthfulness of the above
information.
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_________________
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Petitioner's signature
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Date
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Petitioner should note the following when requesting or
petitioning for a waiver:
1. The
petitioner has the burden of proving to the board, by clear and convincing
evidence, the following:
(a) application of
the rule to the petitioner would result in undue hardship to the petitioner;
and
(b) waiver on the basis of the
particular circumstances relative to the petitioner would be consistent with
the public interest; and
(c) waiver
in the specific case would not prejudice the substantial legal rights of any
person; and
(d) where applicable,
how 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.
2. The board may request additional
information from or request an informal meeting with the petitioner prior to
issuing a ruling granting or denying a request for waiver.
3. All petitions for waiver must be submitted
in writing to the Enhance Iowa Board, 1963 Bell Avenue, Suite 200, Des Moines,
Iowa 50315, Attention: Legal Counsel. If the petition relates to a pending
contested case, a copy of the petition shall also be filed in the contested
case proceeding.
