What is a Petition for Waiver of Civil Penalty?
A Petition for Waiver of Civil Penalty (PW) is a formal request to the Iowa Ethics and Campaign Disclosure Board to consider waiving, either partially or in its entirely, a civil penalty you or your committee have incurred in response to a late-filed report in violation of Iowa Code chapter 68A or 68B, or the rules in Iowa Administrative Code chapter 351.
When should I file a Petition for Waiver?
Iowa Administrative Code rule 351-4.60 states, in relevant part:
If a person believes that there are mitigating circumstances that prevented the timely filing of a report, the person may make a written request to the board for waiver of the penalty by filing a Petition for Waiver of Civil Penalty form. A person seeking a waiver must submit the request to the board within 30 days of receiving a civil penalty assessment order. Waivers may be granted only under exceptional or very unusual circumstances
Exceptional or very unusual circumstances include but are not limited to: severe illness of the candidate/treasurer or close family member; deployment for military service, and; documented technology issues out of the control of the user.
How do I file a Petition for Waiver?
To file a Petition for Waiver, you must use the Web Reporting System. Click here to file your Petition for Waiver.
In your filing, you must include all required information from your Civil Penalty Assessment Order. Under "Waiver Description" you will provide your explanation of why you were prevented from filing a report on time, and that information will be provided for consideration by the Board.
When do I get a ruling on my Petition?
The Board meets as needed throughout the year. Information about Board meetings are posted on our website and social media accounts. Similar to a judge in court, the Board is the only authority that can rule on a Petition for Waiver.
While you are awaiting a ruling from the Board, you do not owe any payment. If you are not granted a waiver, Iowa law requires that you promptly pay the assessed penalty or seek a contested case proceeding to appeal.