Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 66 - Waivers From Administrative Rules by the Elevator Safety Board › Rule 875-66.10 - 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 or legal entity 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 a description of the precise
				  scope and duration of the waiver if one is issued.
(1)
Board discretion.
The
				final decision on whether the circumstances justify the granting of a waiver
				shall be made at the sole discretion of the board, upon consideration of all
				relevant factors. Each petition for a waiver shall be evaluated by the board
				based on the unique, individual circumstances set out in the
				petition.
(2)
Burden of
				persuasion.
The burden of persuasion rests with the petitioner to
				demonstrate by clear and convincing evidence that the board should exercise its
				discretion to grant a waiver from a rule.
(3)
Narrowly tailored
				exception.
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 board shall balance the special individual
				circumstances of the petitioner with the overall goal of uniform treatment of
				all similarly situated persons.
(5)
Conditions.
The board may place on a waiver any condition that
				the board finds desirable to protect the public health, safety, and
				welfare.
(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
				board, a waiver may be renewed if the board finds that grounds for a waiver
				continue to exist.
(7)
Time
				for ruling.
The board shall grant or deny a petition for a waiver as
				soon as practical 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 board 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 board to grant or deny a petition within the
				required time period shall be deemed a denial of that petition by the board.
				However, the board shall remain responsible for issuing an order denying a
				waiver
(9)
Service of
				order
Within 14 days of the ruling, any order issued under this rule
				shall be transmitted or delivered 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.
(10)
Posting of orders granting waivers.
The order or a copy of the
				order granting a waiver shall be conspicuously and permanently posted in the
				machine room corresponding to the conveyance. The order or a copy of the order
				granting a waiver that relates to a conveyance that does not have a machine
				room shall be posted in a protective sleeve attached to the inside of the
				controller cabinet door corresponding to the conveyance.