3111.1 The Director may excuse the inability of a licensee to conform to requirements of section 3116 of this chapter and grant a variance to the licensee if the Director determines the following:

(a) To deny the variances would result in undue hardship to the licensee;

(b) Compensating factors are present which give adequate protection to the health, safety, and welfare of the public; and

(c) The variance can be granted without impairing the purposes of this chapter or the act.

3111.2 To apply for a variance a licensee shall state on a DCRA form the reasons a variance should be granted based upon factors listed in section 3111.1.

3113.3 A licensee shall submit a request for a variance within the period specified in the notice of noncompliance, but in no more than twenty (20) days after the date the notice is mailed to the licensee.

3113.4 The Director shall maintain a written record of each variance granted or denied and shall make the record available for public inspection.

3113.5 The Director's decision on a variance is final and is not subject to administrative review.

Source: Final Rulemaking published at 39 DCR 7853, 7860 (October 23, 1992).