D.C. Mun. Regs. tit. 17 § 3111

Current through Register Vol. 71, No. 15, April 12, 2024

Rule 17-3111 - VARIANCES

3111.1

The Board may excuse the inability of an applicant or licensee to conform to the requirements of § 3110 of this chapter, by grant of a variance to the applicant or licensee, upon the Board's determination of the following:

(a) To deny the variances would result in undue hardship to the applicant or licensee;

(b) Compensating factors are present which give adequate protection to the health, safety, and welfare of the public; and

(c) The variance can be granted without impairing the purposes of this chapter or the Act.

3111.2

To apply for a variance an applicant or licensee shall state, on a form provided by the Board, the reasons a variance should be granted based upon factors listed in § 3111.1.

3111.3

An applicant or licensee shall submit a request for a variance within twenty (20) business days of the issuance of the inspection report of the Board referenced in § 3103.3 of this chapter.

3111.4

The Director shall maintain a written record of each variance granted or denied by the Board, and shall make the record available for public inspection.

D.C. Mun. Regs. Tit. 17, § 3111

Final Rulemaking published at 39 DCR 7853, 7860 (October 23, 1992); amended by Final Rulemaking published at 63 DCR 865 (1/22/2016)

Authority: Section 4(1) of the District of Columbia Funeral Services Regulatory Act of 1984 (D.C. Law 5-84; D.C. Official Code Sec. 2-803(i) (1988)), and Mayor's Order No. 87-186 (34 DCR 5480 (August 3, 1987)).