N.M. Admin. Code § 7.32.20.19

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

Section 7.32.20.19 - EXEMPTION OR VARIANCE

A. Any school may petition in writing for an exemption or variance from any of the requirements of this rule. Such petition shall:

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

(2) describe the situation which necessitates the exemption or variance;

(3) describe the effect of complying with this rule on the school and its customers, and on its competitors and their customers, if the exemption or variance is not granted;

(4) state how the exemption or variance will achieve the purposes of this rule and the Traffic Safety Act; and

(5) state why the proposed alternative is in the public interest or is better than the requirement in the rule.

B. Such petition may include a motion that the bureau stay the affected portion of this rule for the transaction specified in the motion.

C. Petitions for an exemption or a variance and motions for a stay must be supported by an affidavit signed by the licensee or other person with authority to bind the licensee.

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

E. Each exemption or variance shall be valid for no longer than the end of the current license year.

N.M. Admin. Code § 7.32.20.19

7.32.20.19 NMAC - Rp, 7 NMAC 32.20.26, 32.20.27, and 32.20.28, 1-1-03; Repealed, 2-13-09; 7.32.20.19 NMAC - Rn, 7.32.20.20 NMAC & A, 2-13-09