The operator of any commercial weighing or measuring device,
other than an operator seeking a split-weigh variance permit under section
69-10-01-04.2,
may make written request for a variance permit from the commission under North
Dakota Century Code section 64-02-02. The request for a variance permit must
contain:
1. The name, address, and
telephone number of the business making the request along with the name of its
contact person and the reason for the request;
2. A plan for compliance over a period not to
exceed one hundred eighty days if the variance permit request results from a
rejection; or, a plan for compliance over a period not to exceed five years if
the variance request results from economic hardship;
3. The manufacturer's name, type, location,
serial number, class, deck length, and capacity of the device;
4. The maximum amount that will be weighed on
the device, along with a certified letter from an engineer or competent scale
engineering authority certifying that operating the device at that weight will
not constitute a safety hazard (if applying for a variance permit that will
allow a device to be used beyond its rated sectional or concentrated load
capacity); and
5. Detailed
information showing that compliance with specific regulations will cause
economic hardship (if applicable to the variance permit request) and must
include:
a. Specific details on how adhering
to current laws and rules places an economic hardship on the
operation;
b. Itemized list of
costs associated with adhering to current laws and rules; and
c. Any additional information requested by
the commission.
A variance permit granted by the commission is a temporary
variance permit and does not become permanent until sufficient time to conclude
inspection and testing (usually two years) has elapsed. A notice of the
variance permit must be conspicuously posted on the device during the time the
temporary variance permit is in effect. An owner or operator shall reapply for
the variance permit prior to the current variance permit expiration
date.
Notes
N.D. Admin Code
69-10-01-04.1
Effective August 1, 1993;
amended effective September 1, 1994; February 1, 1996; July 1, 1997; July 1,
2008.
Amended by
Administrative
Rules Supplement 2020-379, January 2021, effective
1/1/2021.
General Authority: NDCC 64-02-03
Law Implemented: NDCC 64-02-02,
64-02-13