Section 63-05-01-01 - Waivers and variances1.Waivers - Application. A licensee or applicant for licensure may petition the board for a time limited waiver of any rule except for any part of a rule which incorporates a statutory requirement. The waiver must be granted if: a. The rule in question does not address a problem of significance to the public in relation to the practice or application of the petitioner; b. Adherence to the rule would impose an undue burden on the petitioner; and c. The granting of a waiver will not adversely affect the public welfare. 2.Waivers - Renewal, reporting, and revocation. A waiver must be renewed upon reapplication according to the procedure described in subsection 1 if the circumstances justifying its granting continue to exist. Any petitioner who is granted a waiver shall immediately notify the board in writing of any material change in the circumstances which justify its granting. A waiver must be revoked if a material change in the circumstances which justify its granting occurs. 3.Variances - Application. A licensee or applicant may petition the board for a time limited variance from any rule except for any part of a rule which incorporates a statutory requirement. A variance must be granted if the petitioner specifies alternative practices or measures equivalent to or superior to those prescribed in the rule in question and provides evidence that: a. The rationale for the rule in question can be met or exceeded by the specified alternative practices or measures; b. Adherence to the rule would impose an undue burden on the petitioner; and c. The granting of the variance will not adversely affect the public welfare. 4.Variances - Compliance. Any petitioner who is granted a variance shall comply with the alternative practices or measures specified in the application for the variance. 5.Variance - Renewal, reporting, and revocation. A variance must be renewed upon reapplication according to the procedure described in subsection 3 if the circumstances justifying its granting continue to exist. Any petitioner who has been granted a variance shall immediately notify the board of any material change in circumstances which justify the granting of the variance. A variance shall be revoked if a material change in the circumstances which justify its granting occurs. 6.Burden of proof. The burden of proof is upon the petitioner to demonstrate to the board that the requirements in subsections 1 and 3 have been met. 7.Statement of reasons. The minutes of any meeting at which a waiver or variance is granted, denied, renewed, or revoked must include the reason for the action. N.D. Admin Code 63-05-01-01
Effective December 1, 1991.General Authority: NDCC 43-05-08
Law Implemented: NDCC 43-05-08