429—10.5 (17A) Criteria for a waiver. The division may issue an order, in response to a completed petition or on its own motion, granting a waiver from a rule adopted by the division, in whole or in part, as applied to the circumstances of a specified person, if the division finds that the waiver is consistent with rules 10.3(17A) and 10.4(17A) of this chapter, that the waiver would not prejudice the substantial legal rights of any person, and either that:
	  1. 	 The application of the rule to the person at issue does not advance, to any extent, any of the purposes for the rule or set of rules; or
	  2. 	 The following criteria have been met:
	  ● 	 The application of the rule or set of rules to the person at issue would result in an undue hardship or injustice to that person; and
	  ● 	 The waiver on the basis of the particular circumstances relative to the specified person would be consistent with the overall public interest.
In determining whether a waiver would be consistent with the public interest, the division administrator shall consider whether, if a waiver is granted, the public health, safety, and welfare will be adequately protected by other means that will ensure a result that is substantially equivalent to full compliance with the rule.