Current through Register Vol. 47, No. 6, September 18, 2024
(1)
Petition. All petitions
for waiver must be submitted in writing to the Enhance Iowa Board, 1963 Bell
Avenue, Suite 200, Des Moines, Iowa 50315, Attention: Legal Counsel. Petitions
for waiver may be delivered, mailed, or sent by email or other electronic means
reasonably calculated to reach the intended recipient. 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.
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 board 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 reports
relating to the regulated activity, license, grant or loan within the past five
years.
f. Any information known to
the requester regarding the board's treatment of similar cases.
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 grant of a waiver.
h. The name, address, and telephone number of
any person or entity that would be adversely affected by the grant 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 board with information relevant to the waiver.
(3)
Burden of
persuasion. When a petition is filed for a waiver from a board rule,
the burden of persuasion shall be on the petitioner to demonstrate by clear and
convincing evidence that the board should exercise its discretion to grant the
petitioner a waiver.
