Minnesota Administrative Rules

7200.6000 WAIVERS AND VARIANCES.

Subpart 1.

Application.

A licensee or applicant for licensure may petition the board for a time-limited waiver or variance of any rule except for any part of a rule which incorporates a statutory requirement. 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 which justify its granting. A waiver or variance shall be revoked if a material change in the circumstances which 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.

[Repealed, 17 SR 2285]

Subp. 4.

[Repealed, 17 SR 2285]

Subp. 5.

[Repealed, 17 SR 2285]

Subp. 6.

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. 7.

Statement of reasons.

The minutes of any meeting at which a waiver or variance is granted, denied, renewed, or revoked shall include the reason for the action.

Statutory Authority:

MS s 148.90; 148.905; 148.98; 214.06

History:

14 SR 74; 17 SR 2285

Published Electronically:

January 31, 2013