1. (a) The Commissioner shall allow variances in accordance with this section.
2. (b) Any affected railroad company may apply in writing to the Commissioner for an order for a variance from any regulation or health and safety standard adopted under this title.

3. (c) After a hearing, the Commissioner may grant a variance from the regulations and standards adopted under this title, if:

   1. (1) that action is necessary to prevent undue operational or economic hardship; or

   2. (2)

      1. (i) existing conditions prevent practical compliance; and
      2. (ii) the Commissioner determines the reasonable safety of the public and employees of the railroad company can be assured.

Added by Acts 1998, c. 8, § 3, eff. Oct. 1, 1998.