Ohio Admin. Code 3701-32-18 - Variances
(A) The director
may grant a variance from the requirements of rules
3701-32-03
to
3701-32-16
of the Administrative Code unless variance is requested to a statutory
requirement. Before the director grants the variance, the party requesting the
variance must show that:
(1) Granting the
variance will not jeopardize the health and safety of the public; and
(2) Because of practical difficulties or
other special conditions, strict application of the rule requirement, from
which the variance is requested, will cause unusual and unnecessary
hardship.
(B) The
director shall not grant a variance that defeats the spirit and general intent
of rules
3701-32-01 to
3701-32-16
of the Administrative Code or that is not in the public interest.
(C) The party requesting the variance from
rules
3701-32-03
to
3701-32-16
of the Administrative Code shall make a request to the director on a form
prescribed by the director. The request shall specify the following:
(1) How granting the variance will not
jeopardize the health and safety of the public;
(2) The rule requirement for which the
variance is requested;
(3) The
practical difficulties or other special conditions that exist that will cause
unusual or unnecessary hardship if the rule requirement is strictly
enforced;
(4) The time period, not to exceed one year, for which the variance is
requested; and
(5) The specific
alternative action the party requesting the variance proposes to take to meet
the spirit and general intent of the rule.
(D) The director may request additional
information from the party requesting the variance prior to making a
determination regarding the request. The director may establish conditions that
the party shall meet for the variance to be effective or, if the variance is in
effect, to continue to be in effect.
(E) The director may revoke a variance if the
director determines that:
(1) The variance
adversely affects the health and safety of the general public;
(2) The party requesting the variance fails
to comply with the variance as granted;
(3) The party requesting the variance
notifies the director in writing that the party wishes to relinquish the
variance; or
(4) The variance
conflicts with a statutory change that renders the variance invalid.
(F) The director shall notify the
party requesting the variance, in writing, of the director's determination
whether or not to grant the variance, or to revoke a previously granted
variance. The director's decision shall be final and is not subject to Chapter
119. of the Revised Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3742.03
Rule Amplifies: 3742.02, 3742.05, 3742.46
Prior Effective Dates: 03/21/1998, 04/01/2004, 08/04/2014
Promulgated Under: 119.03
Statutory Authority: 3 742.03
Rule Amplifies: 3742.02, 3742.05
Prior Effective Dates: 3/21/1998, 4/1/04
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