Iowa Admin. Code r. 801-4.14 - Uniform waiver rule
(1) To the
extent a waiver or variance is consistent with applicable statute,
constitutional provision, or other provision of law, the commission of veterans
affairs may issue an order, in response to the timely filing of a completed
petition or on its own motion, granting a waiver or variance, in whole or in
part, from the requirements of a rule under the jurisdiction of said
commission, as applied to the circumstances of a specified person, if the
commission finds clear and convincing evidence of all of the following:
a. The application of the rule to the person
at issue would result in undue hardship to that person; and
b. The provisions of a rule subject to a
petition for a waiver or variance are not specifically mandated by statute or
another provision of law; and
c.
The waiver of the rule in the specific case would not prejudice the substantial
legal rights of any person; and
d.
Substantially equal protection of public health, safety and welfare will be
afforded by a means other than that prescribed in the rule for which the waiver
or variance is requested.
The decision on whether the circumstances justify the granting of a waiver or variance shall be made at the discretion of the chairperson of the commission of veterans affairs based on the unique, individual circumstances set out in the petition and upon consideration of all relevant factors.
(2) A
waiver or variance, if granted, shall be drafted by the commission so as to
provide the narrowest exception possible to the provisions of the rule. The
commission may place any condition on a waiver or variance that the commission
finds desirable to protect the public health, safety and welfare. A waiver or
variance shall not be permanent, unless the petitioner can show that a
temporary waiver or variance would be impracticable. If a temporary waiver or
variance is granted, there is no automatic right to renewal. At the sole
discretion of the agency, a waiver or variance may be renewed if the agency
finds that all of the factors set out in subrule 14.4(1) remain
valid.
(3) The burden of persuasion
rests with the person who petitions the commission for the waiver or variance
of a rule.
(4) This uniform waiver
rule shall not preclude the commission from granting waivers or variances in
other contexts or on the basis of other standards if the statute or other rules
authorize it to do so and the commission deems it appropriate to do
so.
Notes
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