Text: HF02205 Text: HF02207 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 2206
1 2
1 3 AN ACT
1 4 PROVIDING FOR THE WAIVER OR VARIANCE OF ADMINISTRATIVE RULES
1 5 BY STATE AGENCIES.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. NEW SECTION. 17A.9A WAIVERS AND VARIANCES.
1 10 1. Any person may petition an agency for a waiver or
1 11 variance from the requirements of a rule, pursuant to the
1 12 requirements of this section, if the agency has established by
1 13 rule, an application, evaluation, and issuance procedure
1 14 permitting waivers and variances. An agency shall not grant a
1 15 petition for waiver or a variance of a rule unless the agency
1 16 has jurisdiction over the rule and the waiver or variance is
1 17 consistent with any applicable statute, constitutional
1 18 provision, or other provision of law. In addition, this
1 19 section does not authorize an agency to waive or vary any
1 20 requirement created or duty imposed by statute.
1 21 2. Upon petition of a person, an agency may in its sole
1 22 discretion issue a waiver or variance from the requirements of
1 23 a rule if the agency finds, based on clear and convincing
1 24 evidence, all of the following:
1 25 a. The application of the rule would pose an undue
1 26 hardship on the person for whom the waiver or variance is
1 27 requested.
1 28 b. The waiver or variance from the requirements of a rule
1 29 in the specific case would not prejudice the substantial legal
1 30 rights of any person.
1 31 c. The provisions of a rule subject to a petition for a
1 32 waiver or variance are not specifically mandated by statute or
1 33 another provision of law.
1 34 d. Substantially equal protection of public health,
1 35 safety, and welfare will be afforded by a means other than
2 1 that prescribed in the particular rule for which the waiver or
2 2 variance is requested.
2 3 3. The burden of persuasion rests with the person who
2 4 petitions an agency for the waiver or variance of a rule.
2 5 Each petition for a waiver or variance shall be evaluated by
2 6 the agency based on the unique, individual circumstances set
2 7 out in the petition. A waiver or variance, if granted, shall
2 8 be drafted by the agency so as to provide the narrowest
2 9 exception possible to the provisions of the rule. The agency
2 10 may place any condition on a waiver or a variance that the
2 11 agency finds desirable to protect the public health, safety,
2 12 and welfare. A waiver or variance shall not be permanent,
2 13 unless the petitioner can show that a temporary waiver or
2 14 variance would be impracticable. If a temporary waiver or
2 15 variance is granted, there is no automatic right to renewal.
2 16 At the sole discretion of the agency, a waiver or variance may
2 17 be renewed if the agency finds all of the factors set out in
2 18 subsection 2 remain valid.
2 19 4. A grant or denial of a waiver or variance petition
2 20 shall be indexed, filed, and available for public inspection
2 21 as provided in section 17A.3. The administrative code editor
2 22 and the administrative rules coordinator shall devise a
2 23 mechanism to identify rules for which a petition for a waiver
2 24 or variance has been granted or denied and make this
2 25 information available to the public.
2 26 5. Semiannually, each agency which permits the granting of
2 27 petitions for waivers or variances shall prepare a report of
2 28 these actions identifying the rules for which a waiver or
2 29 variance has been granted or denied, the number of times a
2 30 waiver or variance was granted or denied for each rule, a
2 31 citation to the statutory provisions implemented by these
2 32 rules, and a general summary of the reasons justifying the
2 33 agencies' actions on the waiver or variance request. To the
2 34 extent practicable, this report shall detail the extent to
2 35 which the granting of a waiver or variance has established a
3 1 precedent for additional waivers or variances and the extent
3 2 to which the granting of a waiver or variance has affected the
3 3 general applicability of the rule itself. Copies of this
3 4 report shall be provided semiannually to the administrative
3 5 rules coordinator and the administrative rules review
3 6 committee.
3 7 6. For purposes of this section, "a waiver or variance"
3 8 means an agency action which suspends in whole or in part the
3 9 requirements or provisions of a rule as applied to an
3 10 identified person on the basis of the particular circumstances
3 11 of that person.
3 12
3 13
3 14
3 15 BRENT SIEGRIST
3 16 Speaker of the House
3 17
3 18
3 19
3 20 MARY E. KRAMER
3 21 President of the Senate
3 22
3 23 I hereby certify that this bill originated in the House and
3 24 is known as House File 2206, Seventy-eighth General Assembly.
3 25
3 26
3 27
3 28 ELIZABETH ISAACSON
3 29 Chief Clerk of the House
3 30 Approved , 2000
3 31
3 32
3 33
3 34 THOMAS J. VILSACK
3 35 Governor
Text: HF02205 Text: HF02207 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Mon Aug 28 13:36:55 CDT 2000
URL: /DOCS/GA/78GA/Legislation/HF/02200/HF02206/000420.html
jhf