Iowa Administrative Code
Agency 421 - Human Rights Department
Chapter 7 - WAIVER RULES
Rule 421-7.5 - Criteria for a waiver
Current through Register Vol. 46, No. 19, March 20, 2024
The department may issue an order, in response to a completed petition, granting a waiver from a rule adopted by the department, in whole or in part, as applied to the circumstances of a specified person, if the department finds that the waiver is consistent with rules 421-7.3 (17A) and 421-7.4(17A), that the waiver would not prejudice the substantial legal rights of any person, and either that:
1. The application of the rule to the person at issue does not advance, to any extent, any of the purposes for the rule or set of rules; or
2. The following criteria have been met:
* The application of the rule or set of rules to the person at issue would result in an undue hardship or injustice to that person; and
* The waiver on the basis of the particular circumstances relative to the specified person would be consistent with the overall public interest.
In determining whether a waiver would be consistent with the public interest, the department shall consider whether, if a waiver is granted, the public health, safety, and welfare will be adequately protected by other means that will ensure a result that is substantially equivalent to full compliance with the rule.
