10-148 C.M.R. ch. 16 and 15, § 8 - WAIVERS

The Commissioner or his designee may upon written request of any individual or agency waive or modify a provision of these regulations if the regulation is not mandated by Maine Statute. The individual or agency shall provide documentation, including at the request of the Commissioner or his designee, an expert opinion, which satisfies the Commissioner or his designee that the applicant's or licensee's alternative method will comply with the intent of the regulation for which waiver or modification is sought. Waivers may be issued only for the duration of the current license and may be considered upon subsequent applications. Application for a waiver or modification shall be made in writing and must include:

A. A statement of the provision for which waiver or modification is requested;

B. An explanation of the reasons why the provisions cannot be met and why a waiver or modification is being requested; and

C. A description of the alternative method proposed for meeting the intent of the provision sought to be waived or modified.

All requests will be answered in writing and a record of them will be maintained. Such waiver or modification shall be granted for a specific period of time not to exceed the period of the license. Prior to the expiration of the license if the waiver or modification continues to be necessary, a new application for waiver or modification must be made. Granting of a waiver is case-specific.

Notes

10-148 C.M.R. ch. 16 and 15, § 8