All variances from a standard which are granted pursuant to N.J.S.A. 34:6A-39 shall have only future effect. In his discretion, the Commissioner may decline to entertain an application for a variance on a subject or issue when an order has been issued to the employer involved and a proceeding on the order or a related issue concerning a proposed penalty is pending before the Review Commission.
N.J. Admin. Code § 12:110-6.2
See: 29 New Jersey Register 4440(a), 30 New Jersey Register 80(a).