SENATE FILE 157

BY  DANIELSON

A BILL FOR

An Act providing for a process for seeking a waiver of rules promulgated by the director of the Iowa law enforcement academy.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 80B.11, subsection 1, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  m.  A process for issuance of an order granting or denying a waiver in whole or in part of a rule promulgated by the director pursuant to this subsection, in response to a petition by a person seeking a waiver. A decision to grant or deny a waiver shall be based on one or more of the following considerations:
   (1)  The application of the rule would impose an undue hardship on the petitioner.
   (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 a waiver are not specifically mandated by statute or another provision of law.
   (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.
   (5)  The petitioner is able to demonstrate that the petitioner will have satisfied the requirements of the rule by the time the petitioner’s training at the academy is completed.
   (6)  The requirements of the rule are not specifically required by a law enforcement agency that either intends to hire or has hired the petitioner as a law enforcement officer.
   An order granting or denying a waiver shall clearly articulate the facts and reasons upon which the decision to grant or deny the waiver was based. An order denying a waiver shall also clearly articulate steps the petitioner may take to qualify for a waiver or to meet the requirements of the rule in the future. Appeal of a decision to deny a waiver may be taken in accordance with chapter 17A.
EXPLANATION
   This bill requires the director of the Iowa law enforcement academy to adopt rules establishing a process for granting or denying a waiver of a rule promulgated by the director if petitioned by a person seeking a waiver. The bill provides that a decision to grant or deny a waiver will be based on one or more considerations as specified in the bill. The bill provides that such an order will clearly articulate the facts and reasons upon which a decision to grant or deny a waiver was based. The bill provides that such an order will also clearly articulate steps the petitioner may take to qualify for a waiver or meet the requirements of the rule in the future. The bill provides that appeal of a decision to grant or deny a waiver petition may be taken in accordance with Code chapter 17A, the Iowa administrative procedure Act.