N.M. Admin. Code § 17.9.592.14

Current through Register Vol. 35, No. 23, December 10, 2024

Section 17.9.592.14 - VARIANCE

A. An applicant may request a variance from any of the requirements of this rule.

B. A petition for variance shall be supported by an affidavit signed by an officer of the applicant or someone with authority to sign for the applicant.

C. The commission may, at its discretion, require an informal conference or formal evidentiary hearing prior to making its determination.

D. A petition for variance shall:

(1) identify the section of this rule for which the variance is requested;

(2) describe the situation that necessitates the variance;

(3) describe the effect of complying with this rule on the applicant if the variance is not granted; and

(4) describe the result the variance will have if granted.

E. The six-month review period under Section 62-9-3 NMSA 1978 shall be stayed, beginning the date that a request for variance is filed, and ending the date that a variance petition is granted, or, if the variance petition is denied, the date that the applicant submits the information for which the applicant sought a variance.

N.M. Admin. Code § 17.9.592.14

17.9.592.14 NMAC - N, 5-1-04, Amended by New Mexico Register, Volume XXXIII, Issue 24, December 27, 2022, eff. 12/27/2022