Iowa Code r. 281-4.11 - After issuance of a waiver
(1)
Cancellation. A waiver issued pursuant to this chapter may be
withdrawn, canceled or modified if, after appropriate notice and hearing, the
director issues an order finding any of the following:
a. The petitioner or the person who was the
subject of the waiver order withheld or misrepresented material facts relevant
to the propriety or desirability of the waiver; or
b. The alternative means for ensuring that
the public health, safety and welfare will be adequately protected after
issuance of the waiver order have been demonstrated to be insufficient;
or
c. The subject of the waiver
order has failed to comply with all conditions contained in the
order.
(2)
Violations. A violation of conditions in the waiver approval
is the equivalent of violation of the particular rule for which the waiver is
granted. As a result, the recipient of a waiver under this chapter who violates
a condition of the waiver may be subject to the same remedies or penalties as a
person who violates the rule at issue.
(3)
Defense. After the
director issues an order granting a waiver, the order is a defense within its
terms and the specific facts indicated therein for the person to whom the order
pertains in any proceeding in which the rule in question is sought to be
invoked.
(4)
Judicial
review. Judicial review of the director's decision to grant or deny a
waiver petition may be taken in accordance with Iowa Code chapter
17A.
Notes
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