Iowa Code r. 661-141.12 - Waivers from requirements

Upon written request of an applicant, licensee, or operator, the director of the DCI may, for just cause, waive any requirement of this chapter, provided that the director finds that all of the following conditions exist:

1. The requirement requested to be waived is not imposed by statute or another provision of law, and the establishment of the requirement is entirely within the authority of the department of public safety.

2. Enforcing the requirement would impose an undue hardship on the applicant, licensee, or operator requesting the waiver.

3. Granting the waiver would not prejudice the substantial legal rights of any person.

4. Substantially equal protection of public health, safety, and welfare to that which would result from the enforcement of the requirement will be afforded through another means.

Each request for a waiver shall be reported to the agency rules administrator of the department of public safety, with an indication of the disposition of the request and a brief explanation of the reasons for granting or denying the waiver.

Notes

Iowa Code r. 661-141.12