935 Mass. Reg. 501.850

Current through Register 1523, June 7, 2024

Section 501.850 - Waivers

(1) The Commission may delegate its authority to the Executive Director to waive a regulatory requirement promulgated under M.G.L. c. 94G, § 4 and M.G.L. c. 94I, § 7. The Executive Director may determine the form and manner of the waiver process. There can be no waiver of statutory requirements.

(2) The Commission may waive applicability of one or more of the requirements imposed by 935 CMR 501.000 on the submission of written documentation and a finding that:

(a) Compliance would cause undue hardship to the requestor;

(b) If applicable, the implementation of compensating features acceptable to the Commission;

(c) The noncompliance with the regulatory requirement would not jeopardize the health, safety, or welfare of any Registered Qualifying Patient or the public; and

(d) The granting of the waiver would not constitute a waiver of any statutory requirements.

(3)Waiver of Security Requirements. Any waiver of security requirements under 935 CMR 501.820, shall be requested under 935 CMR 501.110(2)(b).

(4) An adverse decision on a waiver request does not entitle an applicant or Licensee to a hearing or judicial review.