Iowa Admin. Code rr. 641-31.4

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

Rule 641-31.4 - [Rescinded effective 6/19/2024] Criteria for waiver

In response to a petition completed pursuant to rule 641-31.6(17A, 105, 272C), the board may in its sole discretion issue an order waiving in whole or in part the requirements of a rule if the board finds, based on clear and convincing evidence, all of the following:

1. The application of the rule would impose an undue hardship on the person for whom the waiver is requested;

2. The waiver from the requirements of the rule in the specific case would not prejudice the substantial legal rights of any person;

3. The provisions of the rule subject to the 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 rr. 641-31.4

ARC 8359B, IAB 12/2/09, effective 1/6/10

Amended by IAB February 24, 2021/Volume XLIII, Number 18, effective 3/31/2021

Rescinded by IAB May 15, 2024/Volume XLVI, Number 24, effective 6/19/2024