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Minnesota Administrative Rules

4717.7010 CRITERIA FOR DECISION; CONDITIONS.

Subpart 1.

Criteria for granting a variance.

The commissioner may grant a variance if:

A.

the variance was requested in a manner prescribed by part 4717.7000;

B.

the variance will have no potential adverse effect on public health, safety, or the environment;

C.

the alternative measures to be taken, if any, are equivalent to or superior to those prescribed in the rule;

D.

strict compliance with the rule will impose an undue burden on the applicant; and

E.

the variance does not vary a statutory standard.

Subp. 2.

Conditions for variance.

In granting a variance the commissioner may attach conditions the commissioner determines are needed to protect public health, safety, or the environment.

Subp. 3.

Future effect.

A variance shall have only future effect.

Statutory Authority:

MS s 14.05

History:

15 SR 1597

Published Electronically:

May 11, 2009

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569