10-148 C.M.R. ch. 20, § 8 - WAIVERS

The Commissioner or his designee may upon written request of any individual or agency waive or modify a provision of these regulations as long as the provision is not mandated by State law. The individual or agency shall provide clear and convincing evidence, including at the request of the Commissioner or his designee, expert opinion which satisfies the Commissioner or his designee that the applicant's or licensees alternative method will comply with the intent of the regulation for which waiver or modification is sought. Application for a waiver or modification shall be made on forms supplied by the Department and must include:

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

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

3. 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. If the waiver or modification continues to be necessary, a new application for waiver or modification must be made.

Notes

10-148 C.M.R. ch. 20, § 8