Iowa Admin. Code r. 265-18.8

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 265-18.8 - [Effective 1/15/2025] Authority responsibilities regarding petition for waiver

(1)Additional information. Prior to issuing an order granting or denying a waiver, the authority may request additional information from the petitioner relative to the petition and surrounding circumstances. The authority may schedule a meeting between the petitioner and the authority or, if the petition was filed in a contested case, between the petitioner and all parties to the contested case.

(2)Compliance with Iowa Code standards. The authority applies the standards and burdens in Iowa Code section 17A.9A(3).

(3)Final discretion. The final decision on whether the circumstances justify the granting of a waiver is in the sole discretion of the authority.

(4)Ruling. An order granting or denying a waiver will be in writing and will contain a reference to the particular person and rule or portion thereof to which the order pertains, a statement of the relevant facts and reasons upon which the action is based, and a description of the precise scope and duration of the waiver if one is granted.

(5)Administrative deadlines. When the rule from which a waiver is sought establishes administrative deadlines, the authority will balance the special individual circumstances of the petitioner with the overall goal of uniform treatment of all similarly situated persons.

(6)Time for ruling. The authority will grant or deny a petition for a waiver as soon as practicable but, in any event, will do so within 90 days of its receipt unless the petitioner agrees to a later date. However, if a petition is filed in a pending contested case, the authority will grant or deny the petition no later than the time at which the final decision in that matter is issued. Failure of the authority to grant or deny a petition within the required time period is deemed a denial of that petition by the authority. However, the authority remains responsible for issuing an order denying a waiver.

(7)Service of order. Within seven days of its issuance, the authority will transmit an order issued under this chapter to the petitioner or any other person entitled to such notice.

Iowa Admin. Code r. 265-18.8

Adopted by IAB December 11, 2024/Volume XLVII, Number 11, effective 1/15/2025