Iowa Admin. Code r. 801-4.15 - Procedures for granting waivers
(1) Any person may
file a petition with the commission of veterans affairs requesting a waiver, in
whole or in part, of a commission rule on the grounds that the application of
the rule to the particular circumstances of that person justifies a waiver
under this uniform waiver rule. The commission chairperson shall receive
written petitions.
(2) A petition
for a waiver shall include the following information where applicable and known
to the person requesting the waiver:
a. The
name, address, and case number or state identification number of the entity or
person for whom a waiver is requested.
b. A description and citation of the specific
rule from which a waiver is requested.
c. The specific waiver requested, including the precise scope and
operative period that the waiver will extend.
d. The relevant facts that the petitioner
believes would justify a waiver. This statement shall include a signed
statement from the petitioner attesting to the accuracy of the facts provided
in the petition and a statement of reasons that the petitioner believes will
justify a waiver.
e. A history of
the commission' s action relative to the petitioner.
f. Any information regarding the
commission' s treatment of similar cases, if known.
g. The name, address, and telephone number
of any person inside or outside state government who would be adversely
affected by the granting of the petition or who otherwise possesses knowledge
of the matter with respect to the waiver request.
h. Signed releases of information
authorizing persons with knowledge regarding the request to furnish the
commission with information pertaining to the waiver.
(3) The procedural guidelines stated under
the Iowa Administrative Procedure Act, Iowa Code chapter 17A, shall govern the
form, filing, timing and contents of petitions for the waivers of rules and the
procedural rights of persons in relation to such petitions.
(4) The commission shall acknowledge a
petition upon receipt. The petitioner shall serve notice on all persons to whom
notice is required by any provision of law and provide a written statement to
the commission attesting that notice has been served.
(5) Prior to issuing an order granting or
denying a waiver request, the commission may request additional information
from the petitioner relative to the application and surrounding
circumstances.
(6) An order granting
or denying a request for waiver shall be in writing and contain a reference to
the particular person and rule or portion thereof to which the order pertains,
a statement of the relevant facts and reasons upon which that action is based,
and a description of the precise scope and operative period of the waiver if
one is issued. The commission shall grant or deny a petition for the waiver of
all or a portion of a rule as soon as practicable but, in any event, shall do
so within 120 days of its receipt, unless the petitioner agrees to a later
date. However, if a waiver petition has been filed in a contested case
proceeding, the agency shall grant or deny the petition no later than the time
at which the final decision in that contested case is issued. Failure of the
commission to grant or deny such a petition within the required time period
shall be deemed a denial of that petition by the commission.
(7) Within seven days of its issuance, any
order issued under the uniform waiver rule shall be transmitted to the
petitioner or the person to whom the order pertains and to any other person
entitled to such notice by any provision of law.
(8) Subject to the provisions of Iowa Code
section
17A.3(1)
"e," the commission shall
maintain a record of all orders granting and denying requests for waivers under
this uniform waiver rule. The records shall be indexed by rule and available
for public inspection.
(9) Within
60 days of granting or denying a waiver, the commission shall make a submission
on the Internet site established pursuant to Iowa Code section
17A.9A for the submission
of waiver information. The submission shall identify the rules for which a
waiver has been granted or denied, the number of times a waiver was granted or
denied for each rule, a citation to the statutory provisions implemented by
these rules, a general summary of the reasons justifying the commission'
s actions on the waiver requests and, to the extent practicable, detailing the
extent to which the granting of a waiver has affected the general applicability
of the rule itself and established a precedent for additional
waivers.
(10) The provisions of
rules 801-4.14 (17A,35D) and 801-4.15
(17A,35D) shall not apply to rules that define the meaning of a statute or
other provisions of law or precedent if the commission does not possess
delegated authority to bind the courts to any extent with its definition and do
not authorize the commission to waive any requirement created or duty imposed
by statute.
(11) After the
commission issues an order granting a waiver, the order is a defense within its
terms and the specific facts indicated therein for the person to whom the order
pertains in any proceeding in which the rule in question is
invoked.
Notes
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