Md. Code Regs. 36.10.02.13

Current through Register Vol. 51, No. 24, December 2, 2024

Section 36.10.02.13 - Exemption or Waiver of License Requirement

A. General.

(1) The Commission may grant an exemption from, or waiver of, a licensing requirement or grounds for denial of a license at the request of an applicant, if the Commission determines that the requirement or grounds for denial of a license as applied to the applicant are not necessary in order to protect the public interest or accomplish the policies established by State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland.

(2) The Commission may grant an exemption from, or waiver of, a regulatory licensing requirement, so that an applicant or licensee is not:

(a) Required to comply with a regulatory licensing requirement; or

(b) Subject to specific regulatory basis for denial of a license.

(3) The Commission may delegate to staff its authority to grant an exemption from, or waiver of, a regulatory licensing requirement.

B. Process.

(1) A person requesting an exemption or waiver under this regulation shall submit a written request in a format specified by the Commission.

(2) A written request shall contain at least the following:

(a) The COMAR section for the standard for which the applicant seeks the exemption or waiver;

(b) Detailed facts in support of the request;

(c) An explanation of the unique circumstances justifying the request; and

(d) Any other information requested by staff or the Commission.

(3) Upon receipt of an exemption or waiver request that fails to comply with §B(1) or (2) of this regulation, staff shall notify the requestor:

(a) Of any deficiency; and

(b) That the request will not be considered unless the identified deficiency is corrected.

C. Decision.

(1) Upon receipt of a request that complies with §§A and B of this regulation, staff shall:

(a) Submit the request to the Commission as soon as practicable; or

(b) If the Commission has delegated to staff the authority to decide the request, make a decision on the request as soon as practicable.

(2) At any time before or after a waiver or exemption request has been granted, the Commission may:

(a) Limit or place restrictions on the exemption or waiver as the Commission considers necessary in the public interest; and

(b) Require the applicant or licensee who is granted the exemption or waiver to:

(i) Cooperate with the Commission; and

(ii) Provide the Commission with any additional information required as a condition of the exemption or waiver.

(3) After the Commission or staff decides whether to grant or deny the request, staff shall notify the requestor of the decision.

(4) The decision of the Commission or staff regarding an exemption or waiver of a licensing requirement is final and not appealable.

Md. Code Regs. 36.10.02.13

Amended effective 49:1 Md. R.16, eff. 1/13/2022