House Journal: Page 1398: Friday, April 25, 2003
Page 15
1 exercise the powers of the information technology
2 department, or its successor, as it relates to
3 information technology. A waiver of a rule pursuant
4 to this subsection shall be indexed, filed, and made
5 available for public inspection in the same manner as
6 provided in section 17A.9A, subsection 4.
7 7. RULE FLEXIBILITY.
8 a. A charter agency may temporarily waive or
9 suspend the provisions of any administrative rule if
10 strict compliance with the rule impacts the ability of
11 the charter agency requesting the waiver or suspension
12 to perform its duties in a more cost-efficient manner
13 and the requirements of this subsection are met.
14 b. The procedure for granting a temporary waiver
15 or suspension of any administrative rule shall be as
16 follows:
17 (1) The charter agency may waive or suspend a rule
18 if the agency finds, based on clear and convincing
19 evidence, all of the following:
20 (a) The application of the rule poses an undue
21 financial hardship on the applicable charter agency.
22 (b) The waiver or suspension from the requirements
23 of a rule in the specific case would not prejudice the
24 substantial legal rights of any person.
25 (c) Substantially equal protection of public
26 health, safety, and welfare will be afforded by a
27 means other than that prescribed in the particular
28 rule for which the waiver or suspension is requested.
29 (d) The waiver or suspension would not result in a
30 violation of due process, a violation of state or
31 federal law, or a violation of the state or federal
32 constitution.
33 (2) If a charter agency proposes to grant a waiver
34 or suspension, the charter agency shall draft the
35 waiver or suspension so as to provide the narrowest
36 exception possible to the provisions of the rule and
37 may place any condition on the waiver or suspension
38 that the charter agency finds desirable to protect the
39 public health, safety, and welfare. The charter
40 agency shall then submit the waiver or suspension to
41 the administrative rules review committee for
42 consideration at the committee's next scheduled
43 meeting.
44 (3) The administrative rules review committee
45 shall review the proposed waiver or suspension at the
46 committee's next scheduled meeting following
47 submission of the proposal and may either take no
48 action or affirmatively approve the waiver or
49 suspension, or delay the effective date of the waiver
50 or suspension in the same manner as for rules as
© 2003 Cornell College and
League of Women Voters of Iowa
Comments about this site or page?
hjourn@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: Wed Jul 16 15:30:00 CDT 2003
URL: /DOCS/GA/80GA/Session.1/HJournal/01300/01398.html
jhf