526 CMR, § 10.12

Current through Register 1538, January 3, 2025
Section 10.12 - Variance
(1)Application. If the Ski Area Operator or Manufacturer believes that full compliance with 526 CMR 10.00 is overly burdensome, either may apply to the Board for a variance from 526 CMR 10.00. The burden is on the applicant to demonstrate in writing to the Board that the granting of the variance would not compromise public safety or otherwise undermine the purpose of 526 CMR 10.00. Variance Applications shall be made on a form provided by the Board, shall contain such information as is required by the Board, and shall be signed by the applicant.
(2)Board Action. Upon receipt of a Variance Application, the Board, or its representative may:
(a) Grant the Variance Application with any conditions deemed appropriate;
(b) Deny the Variance Application without a hearing.
(3)Appeals. Any person aggrieved by the Board's decision may file a request for an adjudicatory hearing with the Board within ten days of receipt of the decision. All adjudicatory hearings shall be held in accordance with the provisions of M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules. Any person aggrieved by a decision made subsequent a hearing may appeal to Superior Court pursuant to M.G.L. c. 30A, § 14.

526 CMR, § 10.12