Section 493.6.4. Criteria for waiver or variance.

At the sole discretion of the state public defender, the state public defender may issue an order, in response to a completed petition or on the state public defender’s own motion, granting a waiver or variance from a rule adopted by the state public defender, in whole or in part, as applied to the circumstances of a specified person or a specific and narrowly drawn class of persons if the state public defender finds based on clear and convincing evidence that:

        1.            The application of the rule to the petitioner would pose an undue hardship on the person or class of persons for whom the waiver or variance is requested;

        2.            The waiver or variance from the requirements of a rule in the specific case would not prejudice the substantial legal rights of any person;

        3.            The provisions of a rule subject to a petition for a waiver or variance are not specifically mandated by statute or another provision of law; and

        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 or variance is requested.