Section 261.211.103. Procedures for waiver of local or private matching moneys.

       211.103(1) General information. Within the parameters of this rule, the board may, for good cause shown, waive any requirements for local or private matching moneys for CAT and RECAT beginning July 1, 2009, and ending June 30, 2010. 2009 Iowa Acts, Senate File 336, allows a community to apply to the board for a project-specific waiver of any local or private matching moneys required of the applicant by the board pursuant to Iowa Code section 15F.202. This rule also establishes a process for applicants to apply for a waiver of requirements for local or private matching moneys that the department has established by rule for the CATD programs.

       211.103(2) Definition of “good cause.” For purposes of this rule, “good cause” includes only a proposed project that is located or plans to locate in an area declared a disaster area by the governor or by a federal official. To qualify for a waiver on the basis of a disaster area, an applicant shall meet all of the following criteria:

        a.           The project must be located within an area declared a disaster area by the governor or by a federal official.

        b.           The community must apply for the waiver within 24 months of the date of the disaster declaration.

        c.           The community must document why a waiver is necessary as a result of the natural disaster.

       211.103(3) Waiver procedures and board action.

        a.           Waiver requests shall be submitted in writing to the department at the time the CAT or RECAT application is submitted. The request shall include documentation of good cause as defined in subrule 211.103(2).

        b.           Waiver requests will be reviewed as part of the application review process and acted upon by the board. If a request for a waiver is approved, the board will proceed with a final decision on the application.

        c.           The board may approve all or a portion of the request or deny or defer action on waiver requests. The board reserves the right to condition its approval upon terms and conditions the board deems appropriate for the specific project.

[ARC 8034B, IAB 8/12/09, effective 7/17/09; ARC 8213B, IAB 10/7/09, effective 11/11/09]