Iowa Admin. Code r. 185-19.3

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 185-19.3 - Requester's responsibilities

(1)Application. All petitions for a waiver must be submitted in writing to the Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021. If the petition relates to a pending case, a copy of the petition shall also be filed in the contested case proceeding.

(2)Content of petition. A petition for waiver shall include the following information where applicable and known to the requester:

a. Name, address, and telephone number of the entity or person for whom a waiver is being requested, and the case number of any related contested case.

b. Description and citation of the specific rule from which a waiver is requested.

c. Specific waiver requested, including the precise scope and duration.

d. Relevant facts that the petitioner believes would justify a waiver. This statement shall include a signed statement from the petitioner attesting to the accuracy of the facts provided in the petition, and a statement of reasons that the petitioner believes will justify a waiver.

e. History of any prior contacts between the division and the petitioner relating to the regulated activity or license affected by the proposed waiver, including a description of each affected license held by the requester, any notices of violation, contested case hearings, or investigative reports relating to the regulated activity or license within the last five years.

f. Information known to the requester regarding the division's treatment of similar cases.

g. Name, address, and telephone number of any public agency or political subdivision which also regulates the activity in question, or which might be affected by the granting of a waiver.

h. Name, address, and telephone number of any person or entity that would be adversely affected by the granting of a petition.

i. Name, address, and telephone number of any person with knowledge of the relevant facts relating to the proposed waiver.

j. Signed releases of information authorizing persons with knowledge regarding the request to furnish the division with information relevant to the waiver.

(3)Burden of persuasion. When a petition is filed for a waiver from a division rule, the burden of persuasion shall be on the petitioner to demonstrate by clear and convincing evidence that the division should exercise its discretion in the granting of the waiver.

Iowa Admin. Code r. 185-19.3

ARC 0273C, IAB 8/8/12, effective 9/12/12