751—16.2(17A,ExecOrd11) Commission discretion.

1. 16.2(1)  Criteria for waiver. The commission may, in response to a completed petition, grant a waiver from a rule, in whole or in part, as applied to the circumstances of a specified situation if the commission finds each of the following:

   1. a. Application of the rule to the person at issue would result in hardship or injustice to that person; and
   2. b. Waiver on the basis of the particular circumstances relative to that specified person would be consistent with the public interest; and
   3. c. Waiver in the specific case would not prejudice the substantial legal rights of any person; and

   4. d. Where applicable, 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 determining whether a waiver should be granted, the commission shall consider the public interest, policies and legislative intent of the statute on which the rule is based. When the rule from which a waiver is sought establishes administrative deadlines, the commission shall balance the special individual circumstances of the petitioner with the overall goal of uniform treatment of all affected persons.

2. 16.2(2)  Special waiver rules not precluded. These uniform waiver rules shall not preclude the commission from granting waivers in other contexts including those described in Iowa Code section 8D.9 or on the basis of other standards if a statute or other commission rule authorizes the commission to do so and the commission deems it appropriate to do so.

The decision on whether the circumstances justify the granting of a waiver shall be made at the discretion of the commission upon consideration of all relevant factors.

[ARC 5828C, IAB 8/11/21, effective 9/15/21]