Minn. R. agency 152, ch. 5300, pt. 5300.0340
A licensee or applicant may petition the board in writing for a variance from this chapter, except if the rule incorporates a statutory requirement. A variance shall be granted if the board determines that the licensee or applicant has specified alternative practices or measures equivalent to or superior to the rule in question and if the licensee or applicant provides evidence that:
A petition for a variance must contain the following information:
A licensee or applicant who is granted a variance must comply with the alternative practices or measures specified in the petition for the variance.
A licensee or applicant who has been granted a variance must immediately notify the board of any material change in the circumstances that justified the variance. A variance shall be revoked if there is a material change in the circumstances that justified the granting of the variance.
The burden of proof is upon the licensee or applicant to demonstrate to the board, by a preponderance of the evidence, that the requirements in subparts 1 and 2 have been met.
The board shall notify the licensee or applicant in writing when the board grants, denies, or revokes a variance. The notice must specify the reasons for the action. If a variance is granted, the notification must state the period of time for which the variance is effective, if required, and must state alternative practices or measures the licensee or applicant must meet.
Minn. R. agency 152, ch. 5300, pt. 5300.0340
Statutory Authority: MS s 148B.31; 148B.37; 214.06