497—9.4(17A) 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 other person;
- 3. The provisions of the rule subject to the petition for a waiver are not specifically mandated by statute or court order; and
- 4. Substantially equal protection of the public interest 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 497—9.6(17A), the board may in its sole discretion issue an order waiving in whole or in part the requirements of a rule if the board finds, based on clear and convincing evidence, all of the following:
[ARC 2138C, IAB 9/16/15, effective 10/21/15]