Iowa Code r. 265-18.8 - Authority responsibilities regarding petition for waiver
(1)
Additional information.
Prior to issuing an order granting or denying a waiver, the authority may
request additional information from the petitioner relative to the petition and
surrounding circumstances. The authority may schedule a meeting between the
petitioner and the authority or, if the petition was filed in a contested case,
between the petitioner and all parties to the contested case.
(2)
Compliance with Iowa Code
standards. The authority applies the standards and burdens in Iowa
Code section 17A.9A(3).
(3)
Final discretion. The
final decision on whether the circumstances justify the granting of a waiver is
in the sole discretion of the authority.
(4)
Ruling. An order
granting or denying a waiver will be in writing and will contain a reference to
the particular person and rule or portion thereof to which the order pertains,
a statement of the relevant facts and reasons upon which the action is based,
and a description of the precise scope and duration of the waiver if one is
granted.
(5)
Administrative
deadlines. When the rule from which a waiver is sought establishes
administrative deadlines, the authority will balance the special individual
circumstances of the petitioner with the overall goal of uniform treatment of
all similarly situated persons.
(6)
Time for ruling. The authority will grant or deny a petition
for a waiver as soon as practicable but, in any event, will do so within 90
days of its receipt unless the petitioner agrees to a later date. However, if a
petition is filed in a pending contested case, the authority will grant or deny
the petition no later than the time at which the final decision in that matter
is issued. Failure of the authority to grant or deny a petition within the
required time period is deemed a denial of that petition by the authority.
However, the authority remains responsible for issuing an order denying a
waiver.
(7)
Service of
order. Within seven days of its issuance, the authority will transmit
an order issued under this chapter to the petitioner or any other person
entitled to such notice.
Notes
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