655—15.4(17A,147) Criteria for waiver. In response to a petition completed pursuant to rule 655—15.6(147,ExecOrd8,78GA,ch1176), a division board may in its sole discretion issue an order waiving in whole or in part the requirements of a rule if the board finds, based on clear and convincing evidence, all of the following:
	1.	The application of the rule would impose an undue hardship on the person for whom the waiver is requested;
	2.	The waiver from the requirements of the rule in the specific case would not prejudice the substantial legal rights of any person;
	3.	The provisions of the rule subject to the petition for waiver are not specifically mandated by statute or another provision of law; and
	4.	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.
[ARC 5482C, IAB 2/24/21, effective 3/31/21; ARC 5826C, IAB 8/11/21, effective 9/15/21]