Iowa Administrative Code
Agency 187 - Banking Division
Chapter 12 - Uniform Waiver Rules
Rule 187-12.2 - Superintendent Discretion
Current through Register Vol. 47, No. 13, December 25, 2024
The decision on whether the circumstances justify the granting of a waiver shall be made at the discretion of the superintendent upon consideration of all relevant factors. Each petition for a waiver shall be evaluated by the superintendent based on the unique, individual circumstances set out in the petition.
(1) Criteria for waiver. The superintendent may, in response to a completed petition, grant a waiver from a rule, in whole or in part, as applied to the circumstances of a specified situation if the superintendent finds all of the following:
In determining whether a waiver should be granted, the superintendent shall consider the public interest, policies and legislative intent of the statute on which the rule is based. When the rule from which a waiver is sought establishes administrative deadlines, the superintendent shall balance the special individual circumstances of the petitioner with the overall goal of uniform treatment of all similarly situated persons.
(2) Special waiver rules not precluded. These uniform waiver rules shall not preclude the superintendent from granting waivers in other contexts if a statute or other rule authorizes the superintendent to do so and the superintendent deems it appropriate to do so.