Bill Text: IA SF157 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF157 Detail]
Download: Iowa-2011-SF157-Introduced.html
Senate
File
157
-
Introduced
SENATE
FILE
157
BY
DANIELSON
A
BILL
FOR
An
Act
providing
for
a
process
for
seeking
a
waiver
of
rules
1
promulgated
by
the
director
of
the
Iowa
law
enforcement
2
academy.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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157
Section
1.
Section
80B.11,
subsection
1,
Code
2011,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
m.
A
process
for
issuance
of
an
order
3
granting
or
denying
a
waiver
in
whole
or
in
part
of
a
rule
4
promulgated
by
the
director
pursuant
to
this
subsection,
5
in
response
to
a
petition
by
a
person
seeking
a
waiver.
A
6
decision
to
grant
or
deny
a
waiver
shall
be
based
on
one
or
more
7
of
the
following
considerations:
8
(1)
The
application
of
the
rule
would
impose
an
undue
9
hardship
on
the
petitioner.
10
(2)
The
waiver
from
the
requirements
of
the
rule
in
the
11
specific
case
would
not
prejudice
the
substantial
legal
rights
12
of
any
person.
13
(3)
The
provisions
of
the
rule
subject
to
the
petition
for
14
a
waiver
are
not
specifically
mandated
by
statute
or
another
15
provision
of
law.
16
(4)
Substantially
equal
protection
of
public
health,
17
safety,
and
welfare
will
be
afforded
by
a
means
other
than
18
that
prescribed
in
the
particular
rule
for
which
the
waiver
is
19
requested.
20
(5)
The
petitioner
is
able
to
demonstrate
that
the
21
petitioner
will
have
satisfied
the
requirements
of
the
rule
by
22
the
time
the
petitioner’s
training
at
the
academy
is
completed.
23
(6)
The
requirements
of
the
rule
are
not
specifically
24
required
by
a
law
enforcement
agency
that
either
intends
to
25
hire
or
has
hired
the
petitioner
as
a
law
enforcement
officer.
26
An
order
granting
or
denying
a
waiver
shall
clearly
27
articulate
the
facts
and
reasons
upon
which
the
decision
to
28
grant
or
deny
the
waiver
was
based.
An
order
denying
a
waiver
29
shall
also
clearly
articulate
steps
the
petitioner
may
take
to
30
qualify
for
a
waiver
or
to
meet
the
requirements
of
the
rule
in
31
the
future.
Appeal
of
a
decision
to
deny
a
waiver
may
be
taken
32
in
accordance
with
chapter
17A.
33
EXPLANATION
34
This
bill
requires
the
director
of
the
Iowa
law
enforcement
35
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academy
to
adopt
rules
establishing
a
process
for
granting
1
or
denying
a
waiver
of
a
rule
promulgated
by
the
director
if
2
petitioned
by
a
person
seeking
a
waiver.
The
bill
provides
3
that
a
decision
to
grant
or
deny
a
waiver
will
be
based
on
one
4
or
more
considerations
as
specified
in
the
bill.
The
bill
5
provides
that
such
an
order
will
clearly
articulate
the
facts
6
and
reasons
upon
which
a
decision
to
grant
or
deny
a
waiver
7
was
based.
The
bill
provides
that
such
an
order
will
also
8
clearly
articulate
steps
the
petitioner
may
take
to
qualify
for
9
a
waiver
or
meet
the
requirements
of
the
rule
in
the
future.
10
The
bill
provides
that
appeal
of
a
decision
to
grant
or
deny
a
11
waiver
petition
may
be
taken
in
accordance
with
Code
chapter
12
17A,
the
Iowa
administrative
procedure
Act.
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