Or. Admin. Code § 333-030-0130

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-030-0130 - Variance

(1) A license applicant, licensee or contracted renter may apply to the Division in writing for a variance from a requirement in OAR 333-030-0015 through 333-030-0125. In order to qualify for a variance an applicant or licensee must demonstrate, to the satisfaction of the Division, that:

(a) Strict compliance with the rule would be highly burdensome or impractical due to special conditions or cause;

(b) The public or private interest in granting the variance clearly outweighs the interest of the application of uniform rules; and

(c) Alternative measures, if applicable, provide adequate public health and safety protection for camp participants.

(2) A variance may only be granted by the Division and not by a LPHA.

Or. Admin. Code § 333-030-0130

HD 25-1981, f. & ef. 11-25-81; PH 9-2007, f. & cert. ef. 7-13-07; PH 2-2013, f. & cert. ef. 1-25-13; PH 19-2017, amend filed 12/21/2017, effective 1/1/2018

Statutory/Other Authority: ORS 446.330

Statutes/Other Implemented: ORS 446.330