875—81.3(17A,89) Criteria for waiver. In response to a petition completed pursuant to this chapter, the board may, in its sole discretion, issue an order waiving, in whole or in part, the requirements of a rule as applied to an identified person on the basis of the particular circumstances of that person if the board finds, based on clear and convincing evidence, all of the following:
	81.3(1) The application of the rule would impose an undue hardship on the person for whom the waiver is requested;
	81.3(2) The waiver from the requirements of the rule in the specific case would not prejudice the substantial legal rights of any person;
	81.3(3) The provisions of the rule subject to the petition for a waiver are not specifically mandated by statute or another provision of law; and
	81.3(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 9082B, IAB 9/22/10, effective 10/27/10; ARC 5977C, IAB 10/20/21, effective 11/24/21]