Petition for Waiver/Variance
The Board may grant a waiver of or a variance from all or part of a rule. No waiver or variance may be granted from a requirement that is imposed by statute. Any waiver or variance must be consistent with state and federal statutes. The procedures for waiver or variance of Board rules are found in 657—Chapter 34.
The decision on whether the circumstances identified in the petition justify the granting of a waiver or variance shall be made at the discretion of the Board upon consideration of all relevant factors. The petitioner shall assume the burden of persuasion when a petition is filed for waiver or variance from a Board rule. A petition for waiver or variance shall be submitted in writing to the Board. The Petition for Waiver/Variance form is available in Word format for completion and mailing to the Board office.
The cutoff for inclusion on the Board's agenda is two weeks prior to a scheduled board meeting. Requests received after the cutoff will have to wait for the following Board meeting (i.e. deadline for March 12 meeting is February 27; a request received on February 28 would not go before the Board until the next meeting).