21—8.4(17A,159) Criteria for waiver.
- 1. The application of the rule would impose an undue hardship on the person for whom the waiver is requested.
- 2. The waiver from the requirements of the rule in the specific case would not prejudice the substantial legal rights of any person.
- 3. The provisions of the rule subject to the petition for a waiver are not specifically mandated by statute or another provision of law.
- 4. 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.
In response to a petition completed pursuant to rule 21—8.6(17A,159), the department may in its sole discretion issue an order waiving in whole or in part the requirements of a rule if the department finds, based on clear and convincing evidence, all of the following:
[ARC 5721C, IAB 6/30/21, effective 8/4/21]