Current through Register Vol. 47, No. 13, December 25, 2024
(1)
Application. All
petitions for waiver must be submitted in writing to the Banking Division, 200
East Grand Avenue, Suite 300, Des Moines, Iowa 50309. If the petition relates
to a pending contested case, a copy of the petition shall also be filed in the
contested case proceeding.
(2)
Content of petition. A petition for waiver shall include the
following information where applicable and known to the requester (for an
example of a petition for waiver, see Exhibit A at the end of this chapter):
a. A description and citation of the specific
rule from which a waiver is requested.
b. The specific waiver requested, including
the precise scope and operative period that the waiver will extend.
c. The relevant facts that the petitioner
believes would justify a waiver under each of the four criteria specified in
subrule 12.2(1).
d. A signed
statement from the petitioner attesting to the accuracy of the facts provided
in the petition and a statement of reasons that the petitioner believes will
justify a waiver.
e. A history of
any prior contacts between the superintendent and the petitioner relating to
the regulated activity, license, grant, loan or other financial assistance
affected by the proposed waiver, including a description of each affected
license, grant, loan or other financial assistance held by the requester, 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. Any information
known to the requester regarding the treatment of similar cases by the
superintendent.
g. 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. The name,
address, and telephone number of any person or entity that would be adversely
affected by the granting of a petition.
i. The name, address, and telephone number of
any person with knowledge of the relevant facts relating to the proposed
waiver.
j. Signed releases of
information authorizing persons with knowledge regarding the request to furnish
the superintendent with information relevant to the waiver.
(3)
Burden of
persuasion. When a petition is filed for a waiver from a rule, the
burden of persuasion shall be on the petitioner to demonstrate by clear and
convincing evidence that the superintendent should exercise the
superintendent's discretion to grant the petitioner a waiver.