Iowa Administrative Code
Agency 187 - BANKING DIVISION
Chapter 12 - UNIFORM WAIVER RULES
Rule 187-12.11 - Submission of waiver information
Current through Register Vol. 46, No. 19, March 20, 2024
Within 60 days of granting or denying a waiver, the superintendent shall make a submission on the Internet site established pursuant to Iowa Code section 17A.9A for the submission of waiver information. The submission shall identify the rules for which a waiver has been granted or denied, the number of times a waiver was granted or denied for each rule, a citation to the statutory provisions implemented by these rules, and a general summary of the reasons justifying the superintendent's actions on waiver requests. If practicable, the submission shall detail the extent to which the granting of a waiver has established a precedent for additional waivers and the extent to which the granting of a waiver has affected the general applicability of the rule itself.
Exhibit A Sample Petition (Request) for Waiver
BEFORE THE SUPERINTENDENT OF BANKING
A request for waiver from a rule adopted by the superintendent shall include the following information in the petition for waiver where applicable and known:
a. Provide the petitioner's (person asking for a waiver) name, address, and telephone number.
b. Describe and cite the specific rule from which a waiver is requested.
c. Describe the specific waiver requested; include the exact scope and operative time period that the waiver will extend.
d. Explain the important facts that the petitioner believes justify a waiver. Include in your answer (1) why applying the rule will result in undue hardship on the petitioner; and (2) how granting the waiver will not prejudice the substantial legal rights of any person; and (3) that the provisions of the rule subject to the petition for waiver are not specifically mandated by statute or another provision of law; and (4) where applicable, how 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.
e. Provide a history of prior contacts between the superintendent and petitioner relating to the regulated activity, license, grant, loan or other financial assistance that would be affected by the waiver; include a description of each affected license, grant, loan or other financial assistance held by the petitioner, any notices of violation, contested case hearings, or investigative or examination reports relating to the regulated activity, license, grant or loan within the past five years.
f. Provide information known to the petitioner regarding the treatment by the superintendent of similar cases.
g. Provide the name, address, and telephone number of any public agency or political subdivision which also regulates the activity in question or which might be affected by the granting of a waiver.
h. Provide the name, address, and telephone number of any person or entity that would be adversely affected or disadvantaged by the granting of the waiver.
i. Provide the name, address, and telephone number of any person with knowledge of the relevant or important facts relating to the requested waiver.
j. Provide signed releases of information authorizing persons with knowledge regarding the request to furnish the superintendent with information relevant to the waiver.
I hereby attest to the accuracy and truthfulness of the above information.
________________ ____
Petitioner's signature Date
Petitioner should note the following when requesting or petitioning for a waiver:
