N.Y. Comp. Codes R. & Regs. tit. 9 § 7603.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 7603.4 - Review of variance applications

(a) The commission shall review and issue a written determination to the commissioner on each variance application which complies with the requirements of this Part.

(b) When a variance is granted, the commission's determination shall specify:

(1) the time period for which the variance is granted; and

(2) any special requirements or conditions imposed as a condition of the variance.

(c) When a variance is granted, such variance and any special requirements or conditions imposed shall become the standard for compliance with the specific rule or regulation at issue for the department or the facility involved.

(d) When a variance is denied, the commission's determination shall include the specific facts and reasons underlying its decision.

(e) Within 30 days after a variance is denied by the commission pursuant to this Part, the commissioner may request a hearing before the commission. Such hearing shall provide the department an opportunity to present its position and to respond to any questions the members of the commission may have on the matter.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7603.4

Renumbered from subtitle AA of chapter V New York State Register April 11, 2018/Volume XL, Issue 15, eff. 4/11/2018