11—9.6(17A,8A) Content of petition.
- 1. The name, address, and telephone number of the entity or person for whom a waiver is being requested, and the case number of any related pending appeal or contested case.
- 2. A description and citation of the specific rule (and the stated requirement in a procurement, auction or sale) from which a waiver is requested.
- 3. The specific waiver requested, including the precise scope and duration, and any alternative means or other condition or modification proposed to achieve the purposes of the rule.
- 4. The relevant facts that the petitioner believes would justify a waiver under each of the four criteria described in subrule 9.4(1) or the criteria in subrule 9.4(3) if the request relates to a procurement, sale or auction. This statement shall include a signed statement from the petitioner attesting to the accuracy of the facts provided in the petition, and a statement of reasons that the petitioner believes will justify the waiver.
- 5. A history of any prior contacts between the department and the petitioner relating to the activity that is the subject of the requested waiver including, but not limited to, a list or description of prior notices, investigative reports, advice, negotiations, consultations or conferences, a description of contested case hearings relating to the activity within the past five years, and penalties relating to the proposed waiver.
- 6. Any information known to the requester regarding the department’s treatment of similar cases.
- 7. 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 granting of a waiver.
- 8. The name, address, and telephone number of any entity or person who would be adversely affected by the granting of a petition, if reasonably known to the petitioner.
- 9. The name, address, and telephone number of any person with knowledge of the relevant facts relating to the proposed waiver.
- 10. Signed releases of information authorizing persons with knowledge regarding the request to furnish the department with information relevant to the waiver.
A petition for waiver shall include the following information where applicable and known to the requester:
[ARC 5391C, IAB 1/13/21, effective 2/17/21]