Iowa Admin. Code r. 493-6.4

Current through Register Vol. 47, No. 6, September 18, 2024

Rule 493-6.4 - Criteria for waiver

At the sole discretion of the state public defender, the state public defender may issue an order, in response to a completed petition, granting a waiver from a rule adopted by the state public defender, 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 state public defender 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.

Iowa Admin. Code r. 493-6.4

Amended by IAB April 21, 2021/Volume XLIII, Number 22, effective 5/26/2021