Rule 37.112.159 - VARIANCE(1) A licensee may request a variance to waive or modify compliance with the health requirements of this subchapter by petitioning the department. An application for a variance must contain: (a) a statement of the proposed variance from the chapter's requirements, citing the relevant rule numbers; and(b) a rationale explaining how the potential public health hazards addressed by the relevant rules will be alternatively addressed by the proposal.(2) The department may grant a variance by modifying or waiving the requirements of this chapter if, in the opinion of the department, a health hazard will not result from the variance.(3) The failure to continuously demonstrate compliance with a variance or modification may result in license revocation or nonvalidation.(4) The department reserves the right to deny or revoke a variance if, in its judgment, a health risk may occur.Mont. Admin. r. 37.112.159
NEW, 2007 MAR p. 351, Eff. 3/23/07; AMD, 2013 MAR p. 156, Eff. 2/1/13.50-48-103, MCA; IMP, 50-48-103, 50-48-204, MCA;