Iowa Admin. Code r. 187-12.11

Current through Register Vol. 47, No. 8, October 30, 2024

Rule 187-12.11 - Submission of waiver information

Within 60 days of granting or denying a waiver, the superintendent shall make a submission on the Internet site established pursuant to Iowa Code section 17A.9A for the submission of waiver information. The submission shall identify the rules for which a waiver has been granted or denied, the number of times a waiver was granted or denied for each rule, a citation to the statutory provisions implemented by these rules, and a general summary of the reasons justifying the superintendent's actions on waiver requests. If practicable, the submission shall detail the extent to which the granting of a waiver has established a precedent for additional waivers and the extent to which the granting of a waiver has affected the general applicability of the rule itself.

Exhibit A Sample Petition (Request) for Waiver

BEFORE THE SUPERINTENDENT OF BANKING

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A request for waiver from a rule adopted by the superintendent shall include the following information in the petition for waiver where applicable and known:

a. Provide the petitioner's (person asking for a waiver) name, address, and telephone number.

b. Describe and cite the specific rule from which a waiver is requested.

c. Describe the specific waiver requested; include the exact scope and operative time period that the waiver will extend.

d. Explain the important facts that the petitioner believes justify a waiver. Include in your answer (1) why applying the rule will result in undue hardship on the petitioner; and (2) how granting the waiver will not prejudice the substantial legal rights of any person; and (3) that the provisions of the rule subject to the petition for waiver are not specifically mandated by statute or another provision of law; and (4) where applicable, how 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.

e. Provide a history of prior contacts between the superintendent and petitioner relating to the regulated activity, license, grant, loan or other financial assistance that would be affected by the waiver; include a description of each affected license, grant, loan or other financial assistance held by the petitioner, any notices of violation, contested case hearings, or investigative or examination reports relating to the regulated activity, license, grant or loan within the past five years.

f. Provide information known to the petitioner regarding the treatment by the superintendent of similar cases.

g. Provide 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. Provide the name, address, and telephone number of any person or entity that would be adversely affected or disadvantaged by the granting of the waiver.

i. Provide the name, address, and telephone number of any person with knowledge of the relevant or important facts relating to the requested waiver.

j. Provide signed releases of information authorizing persons with knowledge regarding the request to furnish the superintendent with information relevant to the waiver.

I hereby attest to the accuracy and truthfulness of the above information.

________________ ____

Petitioner's signature Date

Petitioner should note the following when requesting or petitioning for a waiver:

1. The petitioner has the burden of proving to the superintendent, by clear and convincing evidence, the following:

(a) application of the rule to the petitioner would result in an undue hardship on the petitioner; and

(b) waiver in the specific case would not prejudice the substantial legal rights of any person; and

(c) the provisions of the rule subject to the petition for waiver are not specifically mandated by statute or another provision of law; and

(d) where applicable, how 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.

2. The superintendent may request additional information from or request an informal meeting with the petitioner prior to issuing a ruling granting or denying a request for waiver.

3. All petitions for waiver must be submitted in writing to the Banking Division, 200 East Grand Avenue, Suite 300, Des Moines, Iowa 50309. If the petition relates to a pending contested case, a copy of the petition shall also be filed in the contested case proceeding.

Iowa Admin. Code r. 187-12.11

Amended by IAB October 10, 2018/Volume XLI, Number 8, effective 11/14/2018

Adopted by IAB January 13, 2021/Volume XLIII, Number 15, effective 2/17/2021