Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 4 - Waiver of Rules and Declaratory Orders › Rule 191-4.7 - Waiver Hearing Procedures and Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Procedures.
The provisions of Iowa Code sections 17A.10
				through 17A.18A regarding contested case
				hearings shall apply to any petition for a waiver filed within a contested case
				and shall otherwise apply to agency proceedings for a waiver only when the
				division so provides by rule or order or is required to do so by
				statute.
(2)
Additional
				information.
Prior to issuing an order granting or denying a waiver,
				the division may request additional information from the petitioner relative to
				the petition and surrounding circumstances. If the petition was not filed in a
				contested case, the division may, on its own motion or at the petitioner's
				request, schedule a telephonic or in-person meeting between the petitioner and
				the division.
(3)
Division
				discretion.
The final decision on whether the circumstances justify
				the granting of a waiver shall be made at the sole discretion of the division,
				upon consideration of all relevant factors. Each petition for a waiver must be
				evaluated by the division based on the unique, individual circumstances set out
				in the petition.
(4)
Ruling.
An order granting or denying a waiver must be in
				writing and must 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 and duration of the waiver if one is issued.
(5)
Burden of persuasion.
The burden of persuasion rests with the petitioner to demonstrate by clear and
				convincing evidence that the division should exercise its discretion to grant a
				waiver from a division rule.
(6)
Narrowly tailored exception.
A waiver, if granted, must
				provide the narrowest exception possible to the provisions of a rule.
(7)
Administrative
				deadlines.
When the rule from which a waiver is sought establishes
				administrative deadlines, the division must balance the special individual
				circumstances of the petitioner with the overall goal of uniform treatment of
				all similarly situated persons.
(8)
Conditions.
The division may place any condition on a waiver
				that the division finds desirable to protect the public health, safety, and
				welfare.
(9)
Time period of
				waiver.
A waiver must 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
				division, a waiver may be renewed if the division finds that grounds for a
				waiver continue to exist.
(10)
Time for ruling.
The division must grant or deny a petition
				for a waiver as soon as practicable but, in any event, must 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 division must grant or deny the
				petition no later than the time at which the final decision in that contested
				case is issued.
(11)
When
				deemed denied.
Failure of the division to grant or deny a petition
				within the required time period shall be deemed a denial of that petition by
				the division. However, the division shall remain responsible for issuing an
				order denying a waiver.
(12)
Service of order.
Within seven days of its issuance, any order
				issued under this chapter must 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.
(13)
Cancellation of a waiver.
A waiver issued by the division
				pursuant to this chapter may be withdrawn, canceled, modified or revoked if,
				after appropriate notice and hearing, the division issues an order finding any
				of the following:
a. The petitioner or the
				person who was the subject of the waiver order withheld or misrepresented
				material facts relevant to the propriety or desirability of the waiver;
				or
b. The alternative means for
				ensuring that the public health, safety and welfare will be protected after
				issuance of the waiver order have been demonstrated to be insufficient;
				or
c. The subject of the waiver
				order has failed to comply with all conditions contained in the order;
				or
d. The waiver is contrary to the
				public health, safety and welfare in light of newly discovered evidence or
				changed circumstances.