4 Del. Admin. Code § 5001-15.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 5001-15.0 - Variances

15.1 The Commissioner may grant a variance or waiver to this regulation if the Commissioner finds there is no threat to public health or safety and when a person subject to that rule demonstrates that the purpose of the rule can be achieved by other means and strict application of the rule would create a substantial hardship on that person.

15.2 In order to be considered, variances must be submitted in writing in the form and manner set forth by the Commissioner.

15.3 A variance shall not be transferable from person to person, nor from location to location.

15.4 If a variance is granted, the Commissioner shall retain the following information:

15.4.1 A statement of the proposed variance, citing the relevant section of this regulation;

15.4.2 An analysis of how any potential threat to public health or safety will be alternatively addressed by the proposal; and

15.4.3 Any other information the Commissioner deems necessary to render judgment.

4 Del. Admin. Code § 5001-15.0

28 DE Reg. 226 (9/1/2024) (Final)