Rule 511-1-1-.05 - Petitions for Waiver or Variance From Rules or Regulations(1) A person who is subject to a rule or regulation of the Department may petition for a waiver or variance from the requirements of that rule of regulation. The petition shall be addressed to the Georgia Department of Public Health, Office of General Counsel, and shall specify the following: (a) The rule or regulation from which a waiver or variance is sought;(b) The type of action requested;(c) The specific facts showing that compliance with the rule or regulation will cause the petitioner to endure a significant, unique, and demonstrable economic, technological, legal, or other type of hardship which impairs the petitioner's ability to function in the regulated practice or business;(d) A statement of alternative standards which the petitioner is willing to meet;(e) A statement of why those alternative standards will afford adequate protection for the public health, safety, and welfare; and(f) The reason why the requested waiver or variance would serve the purpose of the statutes on which the rule or regulation is based.(2) The Department shall not grant a waiver or variance:(a) To a statute, except as authorized by Code Section 31-8-304(b);(b) To the rules or regulations of another state agency;(c) To the rules or regulations of a county board of health;(d) To a rule or regulation adopted or promulgated in order to implement a federally delegated program; or(e) If the grant of a waiver or variance would be harmful to the public health, safety, or welfare.(3) The Department shall rule on the petition no earlier than fifteen days after it is posted on the Department's website and no more than sixty days after it was received. The ruling shall be in writing and shall contain a statement of the relevant facts and the reasons supporting the agency's decision.Ga. Comp. R. & Regs. R. 511-1-1-.05
§§ 31-2A-6, 50-13-9.1.
Original Rule entitled "Petitions for Waiver or Variance From Rules or Regulations" adopted. F. Feb. 2, 2017; eff. Feb. 22, 2017.