Iowa Administrative Code
Agency 481 - INSPECTIONS AND APPEALS
Chapter 6 - UNIFORM WAIVER AND VARIANCE RULES
Rule 481-6.5 - Criteria for waiver

Universal Citation: IA Admin Code 481-6.5

Current through Register Vol. 46, No. 19, March 20, 2024

At the sole discretion of the director/board, the director/board 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 or a specific and narrowly drawn class of persons if the director/board finds based on clear and convincing evidence that:

1. The application of the rule to the petitioner would pose an undue hardship on the person or class of persons for whom the waiver is requested;

2. The waiver from the requirements of a rule in the specific case would not prejudice the substantial legal rights of any person;

3. The provisions of a rule subject to a petition for a waiver are not specifically mandated by statute or another provision of law; and

4. 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.

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