Iowa Admin. Code r. 129-7.3 - Granting a waiver
In response to a petition completed pursuant to rule 129-7.5(8B,17A), the CIO may, in the CIO's sole discretion, issue an order waiving, in whole or in part, the requirements of a rule pursuant to subrule 7.3(1).
(1)
Criteria for
waiver.
a. The CIO may grant a
waiver if the CIO finds, based on clear and convincing evidence, each of the
following:
(1) The application of the rule
would pose 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.
(4) Equal
protection of public health, safety, and welfare and information security will
be substantially afforded by a means other than that prescribed in the
particular rule for which the waiver is requested.
b. In determining whether a waiver should be
granted, the CIO shall consider the public interest, policies, and legislative
intent of the statute on which the rule is based. When the rule from which a
waiver is sought establishes administrative deadlines, the CIO shall balance
the special individual circumstances of the petitioner with the overall goal of
uniform treatment of all affected persons.
(2)
Special waivers not
precluded. These rules shall not preclude the CIO from granting
waivers in other contexts or on the basis of other statutes, rules, standards,
policies, or procedures if:
a. The CIO deems
it appropriate to do so; and
b. The
CIO is not prohibited by state or federal statute, federal regulations, this
rule, or any other rule adopted under Iowa Code chapter 17A from issuing such
waivers.
Notes
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