N.D. Admin. Code 69-10-01-04.1

Current through Supplement No. 393, July, 2024

Section 69-10-01-04.1 - Variance permit requests

The operator of any commercial weighing or measuring device, other than an operator seeking a split-weigh variance permit under section 69-10-01-04.2, may make written request for a variance permit from the commission under North Dakota Century Code section 64-02-02. The request for a variance permit must contain:

1. The name, address, and telephone number of the business making the request along with the name of its contact person and the reason for the request;

2. A plan for compliance over a period not to exceed one hundred eighty days if the variance permit request results from a rejection; or, a plan for compliance over a period not to exceed five years if the variance request results from economic hardship;

3. The manufacturer's name, type, location, serial number, class, deck length, and capacity of the device;

4. The maximum amount that will be weighed on the device, along with a certified letter from an engineer or competent scale engineering authority certifying that operating the device at that weight will not constitute a safety hazard (if applying for a variance permit that will allow a device to be used beyond its rated sectional or concentrated load capacity); and

5. Detailed information showing that compliance with specific regulations will cause economic hardship (if applicable to the variance permit request) and must include:

a. Specific details on how adhering to current laws and rules places an economic hardship on the operation;

b. Itemized list of costs associated with adhering to current laws and rules; and

c. Any additional information requested by the commission.

A variance permit granted by the commission is a temporary variance permit and does not become permanent until sufficient time to conclude inspection and testing (usually two years) has elapsed. A notice of the variance permit must be conspicuously posted on the device during the time the temporary variance permit is in effect. An owner or operator shall reapply for the variance permit prior to the current variance permit expiration date.

N.D. Admin Code 69-10-01-04.1

Effective August 1, 1993; amended effective September 1, 1994; February 1, 1996; July 1, 1997; July 1, 2008.

Amended by Administrative Rules Supplement 2020-379, January 2021, effective 1/1/2021.

General Authority: NDCC 64-02-03

Law Implemented: NDCC 64-02-02, 64-02-13