Iowa Administrative Code › Agency 111 - Blind, Department for The › Chapter 12 - Waivers or Variances From Administrative Rules › Rule 111-12.11 - Appeals; Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Judicial review of the director's decision to grant or deny a
				waiver petition may be taken in accordance with Iowa Code chapter 17A.
Exhibit A Sample Petition (Request) for Waiver
BEFORE THE DEPARTMENT FOR THE BLIND
Petition by (insert name of petitioner) for the waiver of
				(insert rule citation) relating to (insert the subject matter).
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PETITION FOR WAIVER
Requests for waiver from a department rule shall include the
				following information in the petition for waiver where applicable and
				known:
a. Provide petitioner's (person
			 asking for a waiver) name, address, and telephone number
b. Describe and cite to the specific rule
			 from which a waiver is requested.
c. Describe the specific waiver requested and
			 include the exact scope and time period that the waiver will extend.
d
Explain the important facts that the
				petitioner believes justify a waiver Include in your answer why (1) applying
				the rule will result in hardship/injustice to the petitioner; (2) granting a
				waiver or variance to the petitioner is consistent with the public interest;
				and (3) granting the waiver or variance will not prejudice the substantial
				legal rights of any person.
e. Provide
			 a history of prior contacts between the department and petitioner relating to
			 the regulated activity, license, or grant that would be affected by the waiver
			 Include a description of each affected license or grant held by the petitioner,
			 any notices of violation, contested case hearings, or investigative reports
			 relating to the regulated activity, license, or grant within the last five
			 years.
f. Provide a detailed
			 statement of the impact on any person affected by the granting of a
			 waiver
g. Provide information known
			 to the petitioner regarding the department's treatment of similar
			 cases.
h. Provide the name,
			 address, and telephone number of any state or federal public agency or
			 political subdivision which also regulates the activity in question or which
			 might be affected by the granting of a waiver.
i. Provide the name, address, and telephone
			 number of any person or entity that would be adversely affected or
			 disadvantaged by the granting of the waiver
j. Provide the name, address, and telephone
			 number of any person with knowledge of the relevant or important facts relating
			 to the requested waiver
k. Provide
			 signed releases of information authorizing persons with knowledge regarding the
			 request to furnish the department with information relevant to the waiver.
I hereby attest to the accuracy and truthfulness of the above
				information.
__________________ __________
Petitioner's Signature Date
Petitioner should note the following when requesting or
				petitioning for a waiver:
1. The
			 petitioner has the burden of proving to the director that (a) application of
			 the rule to the petitioner would result in hardship or injustice to the
			 petitioner; (b) waiver on the basis of the particular circumstances relative to
			 the petitioner would be consistent with the public interest; (c) waiver in the
			 specific case would not prejudice the substantial legal rights of any person;
			 and (d) waiver in the specific case would not have a negative impact on any
			 person affected by the waiver
2.
			 The director may request additional information from or request an informal
			 meeting with the petitioner prior to issuing a ruling granting or denying a
			 request for waiver
3. All petitions
			 for waiver must be submitted in writing to the Director, Department for the
			 Blind, 524 Fourth Street, Des Moines, Iowa 50309-2364. If the petition relates
			 to a pending contested case, a copy of the petition shall also be filed in the
			 contested case proceeding.