Okla. Admin. Code § 310:233-11-1.1

Current through Vol. 42, No. 8, January 2, 2025

Section 310:233-11-1.1 - Waivers and variances

(a) The operator of an establishment may request that a waiver be granted on any nonconforming use that may then exist, on or before the effective date of the rule change, at the license holder's place of operation.

(b) The operator of an establishment may request that a variance be granted to portions of this chapter.

(c) Waivers and variances requested pursuant to this Subchapter are subject to approval by the Department.

(d) An operator must submit a written request detailing:

(1) The nature of the nonconforming use;

(2) The relevant section of this Chapter; and

(3) A timeline for correction of the nonconforming use; and

(4) A justification of how any public health concerns will be addressed.

(e) If a request is approved, then the Department will send a notice of approval. If the operator has not received a notice of approval within sixty (60) calendar days from when the request was submitted, then the request has been denied.

(f) Waivers and variances are not considered to be part of the license and may be revoked at any time, for any reason, by the Department. The licensee is not entitled to a hearing prior to revocation of a waiver or variance, but will be provided written notice of any revocation along with instructions that the licensee must become compliant by a certain date.

Okla. Admin. Code § 310:233-11-1.1

Adopted by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022