The Commission recognizes that public health and safety may in rare cases require an exception to a requirement contained in this rule. In those cases, the payphone provider may petition the Commission for a waiver of a particular requirement. After notice to all interested parties, the Commission will hold a public hearing on the matter. The burden will be on the payphone provider to prove that the circumstances regarding a particular payphone will adversely affect the public health and safety if a waiver of a certain requirement is not granted.
N.M. Admin. Code § 17.11.15.22