Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 213 - Enhance Iowa Board: Uniform Waiver Rules › Rule 261-213.10 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Granting or denying a request for waiver is final agency
				  action under Iowa Code chapter 17A. An appeal to district court shall be taken
				  within 30 days of the issuance of the ruling in response to the request unless
				  a contrary time is provided by rule or statute.
Exhibit A
Sample Petition (Request) for Waiver
BEFORE THE ENHANCE IOWA BOARD
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Requests for waiver from a board rule shall include the
				  following information in the petition for waiver where applicable and
				  known:
a. Provide the petitioner's
				(person asking for a waiver) name, address, and telephone number.
b. Describe and cite the specific rule from
				which a waiver is requested.
c.
				Describe the specific waiver requested; 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 undue hardship
				to the petitioner; and (2) granting a waiver to the petitioner is consistent
				with the public interest; and (3) granting the waiver will not prejudice the
				substantial legal rights of any person; and (4) where applicable, how
				substantially equal protection of public health, safety, and welfare will be
				afforded by a means other than that prescribed in the particular rule for which
				the waiver is requested.
e. Provide
				history of prior contacts between the board and petitioner relating to the
				regulated activity, license, grant, loan or other financial assistance that
				would be affected by the waiver; include a description of each affected
				license, grant, loan or other financial assistance held by the petitioner, any
				notices of violation, contested case hearings, or investigative reports
				relating to the regulated activity, license, grant or loan within the past five
				years.
f. Provide information known
				to the petitioner regarding the board's treatment of similar cases.
g. Provide the name, address, and telephone
				number of any public agency or political subdivision which also regulates the
				activity in question, or which might be affected by the grant of a
				waiver.
h. Provide the name,
				address, and telephone number of any person or entity that would be adversely
				affected or disadvantaged by the grant of the waiver.
i. Provide the name, address, and telephone
				number of any person with knowledge of the relevant or important facts relating
				to the requested waiver.
j. 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 board, by clear and convincing
				evidence, the following:
(a) application of
				the rule to the petitioner would result in undue hardship to the petitioner;
				and
(b) waiver on the basis of the
				particular circumstances relative to the petitioner would be consistent with
				the public interest; and
(c) waiver
				in the specific case would not prejudice the substantial legal rights of any
				person; and
(d) where applicable,
				how substantially equal protection of public health, safety, and welfare will
				be afforded by a means other than that prescribed in the particular rule for
				which the waiver is requested.