Section 155:75 Waiver.
I. The person in charge may seek a period of time to comply with this subdivision by submitting a written request to the commissioner requesting a waiver, specifying the grounds for the waiver and the time period within which such enclosed place shall be subject to the provisions of this subdivision.
II. The person in charge shall have the burden to provide clear and convincing evidence to demonstrate that compelling reasons exist to necessitate a waiver; that the requested waiver will not jeopardize the health and well-being of those who habitually occupy the facility; or that the requirement in question causes undue hardship or interferes with other requirements imposed by policies of the facility in question.
III. The commissioner shall follow procedures adopted by rule in determining the eligibility for a waiver and the time period for which the waiver shall extend.
Source. 1990, 236:2. 1995, 310:183, eff. Nov. 1, 1995.