The commission shall grant a variance to its rules when it determines that the following requirements are met:
enforcement of the rule would impose an excessive burden upon the applicant or others affected by the rule;
granting the variance would not adversely affect the public interest; and
granting the variance would not conflict with standards imposed by law.
A variance may be granted contingent upon compliance with conditions imposed by the commission.
Unless the commission orders otherwise, variances automatically expire in one year. They may be revoked sooner due to changes in circumstances or due to failure to comply with requirements imposed as a condition of receiving a variance.
MS s 216A.05
19 SR 116
August 21, 2007