Iowa Admin. Code r. 871-41.2

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

Rule 871-41.2 - Procedural requirements

(1) The department shall acknowledge a request upon receipt. Within 30 days after receipt of a request for waiver or variance of an administrative rule, the agency shall ensure that the requester has provided a copy of the request to all persons who are required to receive one by provision of law. The agency may also require the requester to give notice to send a copy of the request to other persons who would have an interest in the subject matter

(2) The agency shall grant or deny a request for waiver or variance of all or a portion of a rule as soon as practical but, in any event, shall do so within 120 days of its receipt, unless requester agrees to a later date. However, if a waiver or variance request has been filed in a contested case proceeding, the agency shall grant or deny the request no later than the time at which the final decision in that contested case is issued. Failure of the agency to grant or deny such a request within the required time period shall be deemed a denial of that request by the agency. If the request for waiver or variance relates to a time requirement of an administrative rule, the request must be received before the time specified in the rule has expired. Within seven days of its issuance, any response issued under this rule shall be transmitted, normally by depositing it in the mail, to the requester or the person to whom the response pertains and to any other person entitled to such notice by any provision of law.