Iowa Admin. Code r. 657-34.10

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

Rule 657-34.10 - Ruling

An order granting or denying a waiver shall be in writing and shall contain a reference to the particular person and rule or portion thereof to which the order pertains. The order shall include 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 issued.

(1)Board discretion. The final decision on whether the circumstances justify the granting of a waiver shall be made at the sole discretion of the board upon consideration of all relevant factors. The board shall evaluate each petition for a waiver based on the unique, individual circumstances set out in the petition.

(2)Burden of persuasion. The burden of persuasion rests with the petitioner to demonstrate by clear and convincing evidence that the board should exercise its discretion to grant a waiver from a board rule.

(3)Narrowly tailored exception. A waiver, if granted, shall provide the narrowest exception possible to the provisions of a rule.

(4)Conditions. The board may place any condition on a waiver that the board finds desirable to protect the public health, safety, and welfare.

(5)Time period of waiver. A waiver shall not be permanent unless the petitioner can show that a temporary waiver would be impracticable. If a temporary waiver is granted, there is no automatic right to renewal. At the sole discretion of the board, a waiver may be renewed if the board finds that grounds for the waiver continue to exist.

Iowa Admin. Code r. 657-34.10

Amended by IAB September 27, 2017/Volume XL, Number 7, effective 11/1/2017