Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 4 - Waiver of Rules and Declaratory Orders › Rule 191-4.6 - Petition for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver must be submitted in writing to the
				  division as follows:
(1) Applications.
				If the petition relates to an application or license, the petition must be made
				in accordance with the filing requirements for the application or license in
				question.
(2) Contested cases. If
				the petition relates to a pending contested case, the petition must be filed in
				the contested case proceeding, using the caption of the contested case. The
				waiver petition shall be decided within the context of the contested case
				unless the presiding officer, other than the commissioner, determines that the
				petition should be referred directly to the commissioner.
(3) Other. If the petition does not relate to
				an application or a pending contested case, the petition must be submitted to
				the division at the address in rule
				191-1.4 (502,505) or as
				instructed on the division's website.
(4) Content of petition. A petition for
				waiver must be typewritten or legibly handwritten in ink and must substantially
				conform to the following form:
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(5)
				The petition shall provide the following information in separate numbered
				paragraphs:
1. The name, address and
				telephone number of the entity or person for whom a waiver is being requested,
				and the case number of any related contested case.
2. A description and citation of the specific
				rule from which a waiver is requested.
3. The specific waiver requested, including
				the precise scope and duration.
4.
				The relevant facts that the petitioner believes would justify a waiver under
				each of the criteria described in subrule 4.5(3). 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 justify a waiver.
5. A
				history of any prior contacts between the division and the petitioner relating
				to the regulated activity, application or license affected by the proposed
				waiver, including a description of each affected license held by the
				petitioner, any notices of violation, contested case hearings, or investigative
				reports relating to the regulated activity or license within the prior five
				years and any waivers or waiver applications filed by the petitioner with the
				division within the prior five years.
6. Any information known to the petitioner
				regarding the division's treatment of similar cases.
7. The name, address and telephone number of
				any public agency or political subdivision that also regulates the activity in
				question or that might be affected by the granting of a waiver.
8. The name, address and telephone number of
				any entity or person who would be adversely affected by the granting of a
				waiver.
9. The name, address and
				telephone number of any person with knowledge of the relevant facts relating to
				the proposed waiver.
10. Signed
				releases of information authorizing persons with knowledge regarding the
				request to furnish the division with information relevant to the
				waiver.