Petition for Rule Waiver

Iowa Administrative Code 650--Chapter 7 establishes the process whereby an individual may request a waiver, in whole or in part, of the provisions of rule.  Please note: Regulations established in Iowa Code (statute) are not subject to waiver, nor are some of the provisions in Iowa Administrative Code 650 as noted.

In order for a rule waiver to be approved by the Board, the waiver needs to demonstrate clear and convincing evidence of all of the following:
      a.   The application of the rule would impose an undue hardship on the person for whom the waiver is requested;
      b.   The waiver from the requirements of the rule in the specific case would not prejudice the substantial legal rights of any person;
      c.   The provisions of the rule subject to the petition for a waiver are not specifically mandated by statute or another provision of law; and
      d.   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.

Failure to demonstrate clear and convincing evidence of all of these items will result in the denial of a waiver request.

sample rule waiver is available to provide a reference for the required format for making such requests.  For further information about submitting a rule waiver, please contact the Board office at Christel.Braness@iowa.gov, IDB@iowa.gov, or 515-242-6369.

 

Printed from the website on January 22, 2018 at 7:55am.