Current through Register Vol. 47, No. 13, December 25, 2024
(1)
Application. All
petitions for waiver must be submitted in writing to the ICN main office
location as listed in 751-subrule 1.6(1). 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 commission and the petitioner
relating to the use of the network, other regulated activity, license, grant,
loan or other financial assistance affected by the proposed waiver, including a
description of each use of the network, license, grant, loan or other financial
assistance held by the requester, any notices of violation, contested case
hearings, or investigative reports relating to the affected use of the network,
regulated activity, license, grant or loan within the last five
years.
f. Any information known to
the requester regarding the commission'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 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 commission with information relevant to the
waiver.
(3)
Burden of persuasion. When a petition is filed for a waiver
from a commission rule, the burden of persuasion shall be on the petitioner to
demonstrate by clear and convincing evidence that the commission should
exercise its discretion to grant the petitioner a waiver.
