Iowa Admin. Code r. 751-16.1

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 751-16.1 - Applicability

This chapter outlines a uniform process for the granting of waivers from rules adopted by the commission. The intent of this chapter is to allow persons to seek exceptions to the application of rules issued by the commission. This chapter shall not apply to rules that merely define the meaning of a statute or other provision of law or precedent if the commission does not possess delegated authority to bind the courts to any extent with its definition. To the extent another more specific provision of law governs the issuance of a waiver from a particular rule, the more specific provision shall supersede this chapter with respect to any waiver from that rule.

(1)Definitions.

"Commission" or"Iowa telecommunications and technology commission" means the Iowa telecommunications and technology commission established by Iowa Code chapter 8D operating the Iowa Communications Network.

"Person" means an individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any legal entity.

"Waiver" means an agency action which suspends in whole or in part the requirements or provisions of a rule as applied to an identified person on the basis of the particular circumstances of that person.

(2)Authority.

a. A waiver from rules adopted by the commission may be granted in accordance with this chapter if (1) the commission has authority to promulgate the rule from which waiver is requested or has final decision-making authority over a contested case in which a waiver is requested; and (2) no statute or rule otherwise controls the granting of a waiver from the rule from which a waiver is requested.

b. No waiver may be granted from a requirement which is imposed by statute. Any waiver must be consistent with statute.

Iowa Admin. Code r. 751-16.1

Amended by IAB August 11, 2021/Volume XLIV, Number 3, effective 9/15/2021