Iowa Code r. 781-19.4 - Criteria for waiver

In response to a petition completed pursuant to rule 781-19.6 (17A), the agency may in its sole discretion issue an order waiving in whole or in part the requirements of a rule if the agency 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

Iowa Code r. 781-19.4

ARC 5783C, IAB 7/14/21, effective 8/18/21

Amended by IAB July 14, 2021/Volume XLIV, Number 1, effective 8/18/2021