Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 199 - Uniform Waiver Rules › Rule 261-199.10 - 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
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Requests for waiver from an authority 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
				or injustice 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 authority 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 last five
				years.
f. Provide information known
				to the petitioner regarding the authority'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 who 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 authority with information relevant to the
				waiver.
I hereby attest to the accuracy and truthfulness of the
				  above information.
____________________ __________________
Petitioner's signature Date
1. The petitioner has the burden of proving,
				by clear and convincing evidence, the following to the director/board:
(a) application of the rule to the petitioner
				would result in undue hardship or injustice 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.