N.M. Admin. Code § 18.20.8.20 - EXEMPTION OR VARIANCE
A. Any
school may petition for an exemption or variance from any of the requirements
of this rule. Such petition shall:
(1)
identify the section of this rule for which the exemption or variance is
requested;
(2) describe the
situation which necessitates the exemption or variance;
(3) describe the effect of complying with
this rule on the school and its customers, and on its competitors and their
customers, if the exemption or variance is not granted;
(4) state how the exemption or variance will
achieve the purposes of this rule and the Driving School Licensing Act;
and
(5) state why the proposed
alternative is in the public interest and is better than the requirement in the
rule.
B. Such petition
may include a motion that the Bureau stay the affected portion of this rule for
the transaction specified in the motion.
C. Petitions for an exemption or a variance
and motions for a stay must be supported by an affidavit signed by the licensee
or other person with authority to bind the licensee.
D. The Bureau may, at its discretion, require
an informal conference or formal evidentiary hearing prior to making its
determination.
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