495—33.1(17A,97B,ExecOrd11) Applicability.

1. 33.1(1)  Agency authority. A waiver from rules adopted by the agency may be granted in accordance with this rule if:

   1. a. The agency has exclusive rule-making authority to promulgate the rule from which a waiver is requested or has final decision-making authority over a contested case in which a waiver is requested; and
   2. b. No statute or rule otherwise controls the grant of a waiver from the rule for which a waiver is requested.
2. 33.1(2)  Interpretive rules. This chapter shall not apply to rules that merely define the meaning of a statute or other provisions of law or precedent if the agency does not possess delegated authority to bind the courts to any extent with its definition.
3. 33.1(3)  Compliance with statute. No waiver may be granted from a requirement that is imposed by statute. Any waiver must be consistent with statute.

This chapter outlines a uniform process for the granting of waivers from rules adopted by the agency.