Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 9 - Waivers › Rule 11-9.10 - 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, a statement of the relevant facts and reasons upon
				  which the action is based, and a description of the precise scope (including
				  any conditions) and duration of the waiver if one is issued.
(1)
Director discretion.
The
				final decision on whether the circumstances justify the granting of a waiver
				shall be made at the sole discretion of the director, upon consideration of all
				relevant factors. Each petition for waiver shall be evaluated by the director
				based on the unique, individual circumstances set out in the
				petition.
(2)
Burden of
				persuasion.
If the petition for waiver is based on a request pursuant
				to subrule 9.4(1), the burden of persuasion rests with the petitioner to
				demonstrate by clear and convincing evidence that the director should exercise
				discretion to grant a waiver from a department 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 director shall balance the special individual
				circumstances of the petitioner with the overall goal of uniform treatment of
				all affected persons.
(5)
Conditions.
The director may place any condition on the waiver
				that the director finds desirable to protect the public health, safety, and
				welfare or other such reasonable conditions as are appropriate to achieve the
				objectives of the particular rule in question through alternative
				means.
(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
				director, a waiver may be renewed if the director finds that grounds for a
				waiver continue to exist.
(7)
Time for ruling.
The director 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 or the
				department, specifying good cause, extends this time period with respect to a
				particular petition for an additional 30 days. However, if a petition is filed
				in an appeal, the director shall grant or deny the petition no later than the
				time at which the final decision in that appeal is issued.
(8)
When deemed denied.
Failure of the director to grant or deny a petition within the required time
				period shall be deemed a denial of that petition by the director. However, the
				director shall remain responsible for issuing an order denying a
				waiver.
(9)
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.