Iowa Admin. Code r. 561-10.4

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 561-10.4 - Criteria for waiver

Upon petition of any person and at the sole discretion of the department, the department may issue a waiver from the requirements of a rule if the director or the department in a contested case proceeding finds, based on clear and convincing evidence, all of the following:

(1) The application of the rule would pose an undue hardship on the person 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.

(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. 561-10.4

Amended by IAB March 10, 2021/Volume XLIII, Number 19, effective 4/14/2021