Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 18 - Waivers From Administrative Rules › Rule 265-18.10 - 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. The order shall include a statement of the
				relevant facts and reasons upon which the action is based and a description of
				the precise scope and duration of the waiver if one is issued.
(1)
Executive director
			 review.
The executive director may take up to 60 days to fully
			 investigate and review the petition and, at the next board meeting thereafter,
			 may present to the authority a suggested order based upon the executive
			 director's investigation and review. The authority shall adopt, amend, or
			 reject the suggested order If the suggested order is rejected, the authority
			 shall instruct the executive director to prepare an alternative order to be
			 considered at a subsequent board meeting.
(2)
Authority discretion.
The final decision on whether the circumstances justify the granting of a
			 waiver shall be made at the sole discretion of the authority upon consideration
			 of all relevant factors. The authority shall evaluate each petition for a
			 waiver based on the unique, individual circumstances set out in the
			 petition.
(3)
Burden of
			 persuasion.
The burden of persuasion rests with the petitioner to
			 demonstrate by clear and convincing evidence that the authority should exercise
			 its discretion to grant a waiver from an authority rule.
(4)
'Narrowly tailored exception.
			 A
waiver, if granted, shall provide the narrowest exception possible
			 to the provisions of a rule.
(5)
Administrative deadlines.
When the rule from which a waiver is
			 sought establishes administrative deadlines, the authority shall balance the
			 special individual circumstances of the petitioner with the overall goal of
			 uniform treatment of all similarly situated persons.
(6)
Conditions.
The
			 authority may place any condition on a waiver that the authority finds
			 desirable to protect the public health, safety, and welfare.
(7)
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 authority, a waiver
			 may be renewed if the authority finds that grounds for a waiver continue to
			 exist.
(8)
Time for
			 ruling.
The authority 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. However, if a petition
			 is filed in a contested case, the authority shall grant or deny the petition no
			 later than the time at which the final decision in that contested case is
			 issued.
(9)
When deemed
			 denied.
Failure of the authority to grant or deny a petition within
			 the required time period shall be deemed a denial of that petition by the
			 authority. However, the authority shall remain responsible for issuing an order
			 denying a waiver
(10)
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.