Iowa Admin. Code r. 657-34.4

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

Rule 657-34.4 - Criteria for waiver or variance

In response to a petition for waiver, 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 r. 657-34.4

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