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.

History: 50-48-103, MCA; IMP, 50-48-103, 50-48-204, MCA; NEW, 2007 MAR p. 351, Eff. 3/23/07; AMD, 2013 MAR p. 156, Eff. 2/1/13.