- (a) Any person or agency affected by these rules who wishes to request a waiver thereof shall proceed in accordance with this part.
(b) A request to waive a rule shall:
- (1) Be submitted to the director; and
- (2) Be in written form.
(c) A request for a waiver shall include a clear and concise statement of the reasons for which the waiver is being sought, including an explanation that addresses:
- (1) The consequences to the requesting party of complying with the rule as written;
- (2) Whether the requested waiver is necessary because of any prior error or omission on the part of the party requesting the waiver;
- (3) Whether waiver of the rule would harm or otherwise operate to the disadvantage of any third person;
- (4) Whether the waiver would disrupt or negatively affect the structure or integrity of the classification system;
- (5) Whether the waiver would create compensation disruptions, including but not limited to wage inversion or compression issues within an agency or among similarly situated employees in positions across state agencies;
- (6) Whether the waiver can be granted without violating the provisions of any collective bargaining agreement entered into between the state and an employee association; and
- (7) Any additional information the requesting party believes provides good cause for waiving the rule.
Source. #14441, eff 12-1-25