Iowa Admin. Code r. 875-1.105

Current through Register Vol. 47, No. 8, October 30, 2024

Rule 875-1.105 - Ruling

(1) The division shall grant or deny all requests as soon as practicable, but no later than 120 days from receipt without consent of the petitioner. However, waiver petitions filed in contested cases shall be granted or denied no later than the date of the decision in the contested case proceeding. Failure to grant or deny a petition within the required time period shall be deemed a denial.

(2) If a waiver is granted, it shall be drafted to provide the narrowest exception possible to the provisions of the rule. The ruling shall be in writing and shall include the reasons for granting or denying the petition and, if approved, the time period during which the waiver is effective. The division may place any condition on a waiver that the division finds desirable to protect the public health, safety, and welfare.

(3) Within seven days of issuance of the ruling, a copy shall be mailed to the petitioner or the petitioner's representative, and to any other person(s) entitled to such notice by any provision of law or rule.

(4) Information about all orders granting or denying a waiver petition shall be submitted to the legislative services agency through the designated Internet site within 60 days of the granting or denying of the petition. The information submitted is available to the public via the website.

Iowa Admin. Code r. 875-1.105

Amended by IAB May 19, 2021/Volume XLIII, Number 24, effective 6/26/2021