a) The Secretary may grant variances from this Part in individual cases when he or she finds that:
- 1) The provision from which the variance is granted is not statutorily mandated;
- 2) No party will be injured by the granting of the variance; and
- 3) The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.
- b) The Secretary shall notify the appropriate committee or board of the granting of a variance and the reasons for that variance at the next meeting of the committee or board.
- c) This Part shall not apply to Department hearings conducted by administrative law judges.
(Source: Amended at 41 Ill. Reg. 976, effective January 27, 2017)