Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 7 - Waivers › Rule 129-7.9 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and
				  shall 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 the action is based, and, if a waiver is issued, a description of the
				  precise scope of the waiver including its duration and any conditions
				  associated therewith.
(1)
CIO
				discretion.
The final decision on whether the circumstances justify
				the granting of a waiver shall be made at the sole discretion of the CIO, upon
				consideration of all relevant factors. Each petition for a waiver shall be
				evaluated by the CIO based on the unique, individual circumstances set out in
				the petition.
(2)
Burden of
				proof and persuasion.
The burden of proof and persuasion rests with
				the petitioner to demonstrate by clear and convincing evidence that the CIO
				should exercise discretion to grant a waiver.
(3)
Narrowly tailored.
A
				waiver, if granted, shall provide the narrowest exception possible to the
				provisions of a rule.
(4)
Administrative deadlines.
When the rule from which a waiver is
				sought establishes administrative deadlines, the office shall balance the
				special individual circumstances of the petitioner with the overall goal of
				uniform treatment of all similarly situated persons.
(5)
Conditions.
The CIO may
				place any condition on a waiver that the CIO finds desirable to protect the
				public health, safety, and welfare and information security.
(6)
Time period of waiver.
A
				waiver shall not be permanent unless the petitioner can show that a temporary
				waiver would be impracticable. If a temporary waiver is granted, there is no
				automatic right to renewal. At the sole discretion of the CIO, a waiver may be
				renewed if the CIO finds that grounds for a waiver continue to exist.
(7)
Time for ruling.
The CIO
				shall grant or deny a petition for a waiver 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 or the department, specifying good cause, extends this time
				period with respect to a particular petition for an additional 30 days.
				However, if a petition is filed in a contested case, the CIO shall grant or
				deny the petition no later than the time at which the final decision in that
				contested case is issued.
(8)
When deemed denied.
Failure of the CIO to grant or deny a
				petition within the required time period shall be deemed a denial of that
				petition by the CIO. However, the CIO shall remain responsible for issuing an
				order denying a waiver.
(9)
Service of order.
Within seven days of its issuance, any order
				issued under this chapter 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. Such service may be effectuated by email or similar
				electronic means.