Iowa Code r. 641-15.7 - Waivers
A waiver to these rules may be granted only by the department. A waiver can be granted only if sufficient information is provided to substantiate the need for and propriety of the action.
(1) Requests for waivers shall be in writing
and shall be sent to the local inspection agency for comment. The local
inspection agency shall send the request for waiver to the department within 15
business days of its receipt.
(2)
The granting or denial of a waiver will take into consideration, but not be
limited to, the following criteria:
a.
Substantially equal protection of health and safety shall be provided by a
means other than that prescribed in the particular rule, or
b. The degree of violation of the rule is
sufficiently small so as not to pose a significant risk of injury to any
individual, and the remedies necessary to alleviate this minor violation would
incur substantial and unreasonable expense on the part of the person seeking a
waiver.
(3) Decisions
shall be issued in writing by the department and shall include the reasons for
denial or granting of the waiver. Copies of decisions shall be kept at the
department, and a copy shall be sent to the contracting board of
health.
(4) The applicant for a
waiver that is denied may request a review of the denial by the director of the
department. The request shall be submitted in writing within 30 days of the
applicant's receipt of the department's denial of a waiver request. The request
for a review shall be addressed to the Iowa Department of Public Health, Office
of the Director, Lucas State Office Building, 321 East 12th Street, Des Moines,
Iowa 50319-0075. The decision of the director shall be considered the
department's final agency action.
(5) The applicant may petition for judicial
review of the final agency action pursuant to Iowa Code chapter 17A.
Notes
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