Iowa Code r. 282-6.4 - Criteria for waiver
In response to a petition completed pursuant to rule 282-6.6 (17A), 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
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