Minnesota Administrative Rules

2150.7610 WAIVERS AND VARIANCES.

Subpart 1.

Application.

A licensee or applicant for licensure may petition the board for a waiver or variance of any rule except for any part of a rule which incorporates a statutory requirement. The petition shall be on a form prescribed by the board, and shall be accompanied by the applicable fee. The waiver or variance shall be granted if:

A.

adherence to the rule would impose an undue burden on the petitioner;

B.

the granting of a waiver or variance will not adversely affect the public welfare; and

C.

in the case of a variance, the rationale for the rule in question can be met by alternative practices or measures specified by the petitioner.

Subp. 2.

Renewal, reporting, and revocation.

A waiver or variance shall be renewed upon reapplication according to the procedure described in subpart 1 if the circumstances justifying its granting continue to exist. Any petitioner who is granted a waiver or variance shall immediately notify the board in writing of any material change in the circumstances that justify its granting. A waiver or variance shall be revoked if a material change in the circumstances that justify its granting occurs or, in the case of a variance, if the petitioner has not complied with the alternative practices or measures specified in the petition.

Subp. 3.

Burden of proof.

The burden of proof is upon the petitioner to demonstrate to the board that the requirements in subpart 1 have been met.

Subp. 4.

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.

Statutory Authority:

MS s 148B.52

History:

30 SR 345

Published Electronically:

July 25, 2007