(a) Procedural.

1. (1) The director may grant procedural variances from this part in individual cases where he or she finds that:

   1. (A) The provision from which the variance is granted is not statutorily mandated;
   2. (B) No party will be injured by granting the variance; and
   3. (C) The rule from which the variance is granted would not, in the particular case, be unreasonable or unnecessarily burdensome.
2. (2) The director shall notify the State Board of Collection Agencies at its next meeting of the granting of such variances and the reasons therefore.

(b)

1. (1) Substantive proposed variances, waivers, or other exceptions to this part, not consistent with the above description of a procedural variance, shall be deemed substantive.
2. (2) The board may hear requests for substantive variances on a case-by-case basis pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.