Iowa Admin. Code r. 761-11.6

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

Rule 761-11.6 - Action on petition

Following is the procedure for responding to a petition for a waiver from the requirements of a rule:

(1) The department shall acknowledge receipt of a petition immediately.

(2) Before a waiver is granted or denied, the department may request a petitioner to furnish additional information related to the petition.

(3) The director shall issue a written decision to grant or deny a waiver within 120 days after the department receives the petition unless the petitioner agrees to a later time. However, if the matter is also the subject of a contested case proceeding, the decision to grant or deny a waiver need not be issued until after the final decision in the contested case is issued.

(4) The decision to grant or deny a waiver shall contain the information set out in rule 761-11.4 (17A).

(5) Within seven days after the decision is issued, the department shall transmit it to the petitioner.

(6) Failure to grant or deny a waiver within the required time is deemed a denial.

(7) The director's decision on a petition for a waiver from the requirements of a rule is final agency action.

(8) A petition for a waiver from the requirements of a rule is independent of a contested case proceeding. Submission of a petition does not delay the time to request a contested case hearing, to appeal a proposed decision in a contested case, or to file a petition for judicial review of a final decision in a contested case.

(9) A petition for a waiver from the requirements of a rule is not required to exhaust administrative remedies before judicial review of a department action under Iowa Code section 17A. 19.

Iowa Admin. Code r. 761-11.6