The Commissioner may waive any of the nonstatutory requirements. Requests for a waiver shall be in writing from the sponsor. Such a waiver may only be granted if there is sufficient evidence that:
- (1) The literal enforcement of such provisions provide for exceptional difficulty or unusual hardship not caused by the applicant; and
- (2) The benefit to be gained by the waiver clearly outweighs the detriment which will result from enforcement of the requirement; and
- (3) The waiver is in harmony with conserving public health, safety, and welfare; and
- (4) The waiver is in the best interest of the State.
(Effective October 19, 1995)