Iowa Administrative Code
Agency 497 - IOWA PUBLIC INFORMATION BOARD
Chapter 9 - WAIVERS FROM ADMINISTRATIVE RULES
Rule 497-9.4 - Criteria for waiver

Universal Citation: IA Admin Code 497-9.4

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

In response to a petition completed pursuant to rule 497-9.6 (17A), the board may in its sole discretion issue an order waiving in whole or in part the requirements of a rule if the board finds, based on clear and convincing evidence, all of the following:

1. The application of the rule would impose an undue hardship on the person for whom the waiver is requested;

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

3. The provisions of the rule subject to the petition for a waiver are not specifically mandated by statute or court order; and

4. Substantially equal protection of the public interest will be afforded by a means other than that prescribed in the particular rule for which the waiver is requested.

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