26-8a-106 - Waiver of rules.
26-8a-106. Waiver of rules.
(1) Upon application, the committee or department may waive the requirements of a ruleit has adopted if:
(a) the person applying for the waiver satisfactorily demonstrates that:
(i) the waiver is necessary for a pilot project to be undertaken by the applicant;
(ii) in the particular situation, the requirement serves no beneficial public purpose; or
(iii) circumstances warrant that waiver of the requirement outweighs the public benefit tobe gained by adherence to the rule; and
(b) for a waiver granted under Subsection (1)(a)(ii) or (iii), the committee or department:
(i) extends the waiver to similarly situated persons upon application; or
(ii) amends the rule to be consistent with the waiver.
(2) No waiver may be granted under this section that is inconsistent with the provisionsof this chapter.
Enacted by Chapter 141, 1999 General Session