Section 455.30  Waivers

a)         A RES may request a waiver of any of the provisions of this Part. A request for a waiver shall be made by petition. The petition shall be verified by a person or persons having knowledge of the facts and shall set forth a full statement of the reasons for the requested waiver. A waiver shall not be granted if the provision from which a waiver is sought is statutorily mandated, or if the request for a waiver is otherwise contrary to law.

b)         The burden of proof in any request for a waiver shall be upon the RES requesting the waiver. A request for waiver shall be granted upon good cause being shown by the RES. While other factors may be considered, and shall be mentioned if considered, the following factors shall be considered in determining whether good cause exists for the requested waiver:

1)         Whether the rule from which the waiver is granted would, as applied to the particular case, be unreasonable or unnecessarily burdensome.

2)         Whether the granting of a waiver would provide a competitive advantage to the requesting party.

3)         If the waiver relates to an information filing requirement, whether other information the RES would provide if the waiver is granted permits an assessment of compliance with applicable requirements in a complete and timely manner.

4)         The expense to the RES in providing the information or otherwise complying with the provision that is the subject of the waiver request.