[Iowa DOT] 100001: Petition for Waiver

IOWA DEPARTMENT OF TRANSPORTATION
OFFICE OF THE DIRECTOR
800 LINCOLN WAY | AMES IA 50010
Telephone: 515-239-1101; Fax: 515-239-1120

PETITION FOR WAIVER

Pursuant to 761 Iowa Administrative Code (IAC) Chapter 11, Waivers of Rules, a petitioner, with a real and direct interest, may petition the Iowa Department of Transportation (DOT) for a waiver from the requirements of a rule. The petitioner must submit the petition to waive an administrative rule to the DOT in writing.

This form will assist you in providing information required for the DOT to evaluate whether the waiver will be granted or denied. The form must be submitted to the DOT and must contain relevant facts and reasons the petitioner believes would justify the requested waiver. The obligation rests with the petitioner to provide clear and convincing evidence to justify the granting of a waiver. You may provide additional information or attach additional pages if needed. The DOT reserves the right to request additional information to further support the request for a waiver.

Petitions will be evaluated by the DOT. The DOT has the sole discretion to grant or deny the waiver and the decision of the DOT is final agency action. The DOT reserves the right to place any condition on the waiver. Upon review, the DOT will grant or deny the waiver in writing.

Waivers are temporary unless evidence is shown that a temporary waiver would be impracticable. Once the waiver expires the rule will be enforceable. There is no automatic renewal of waivers. The DOT may renew a waiver at its sole discretion. Please note that the DOT is not allowed to waive or alter a statutory duty or requirement.

CONTACT INFORMATION

IF APPLICABLE

PETITIONER JUSTIFICATION

The petitioner is not limited to the space provided, may attach additional documents as needed. Petitioner must provide clear and convincing evidence of the following:

PETITIONER CERTIFICATION

The DOT shall grant or deny a petition for a waiver within 120 days of receipt of the petition. Failure of the DOT to grant or deny a petition within the required time period shall be deemed a denial of that petition by the DOT. The DOT may, after notice and opportunity for hearing, modify or cancel a waiver granted if the director finds any of the following: (1) a material fact upon which the waiver is based is not true or has changed; (2) That the petitioner withheld or knowingly misrepresented a material fact relevant to the propriety or desirability of the waiver; (3) The petitioner has failed to comply with the conditions set forth in the decision granting the waiver; or (4) the alternate means for ensuring that the public health, safety and welfare will be adequately protected after the waiver is granted are insufficient.

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07/30/2026Click to Sign

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