(a) The department, upon the department’s own initiative or upon request by a municipality, shall waive any requirement of Bea 500 if such waiver does not contradict the objective or intent of the rule and:
- (1) Applying the rule provision would cause confusion or would be misleading to the applicant;
- (2) The rule provision is in whole or in part inapplicable to the given circumstances;
- (3) There are specific circumstances unique to the situation such that strict compliance with the rule would be onerous without promoting the objective or intent of the rule provision; or
- (4) Any other similar extenuating circumstances exist such that application of an alternative standard or procedure better promotes the objective or intent of the rule provision, provided:
- (b) No requirement prescribed by statute shall be waived unless expressly authorized by law.
- (c) Any person or entity seeking a waiver shall make a request in writing to the department.
- (d) A request for a waiver shall specify the basis for the waiver and proposed alternative, if any.
- (e) Waivers that are granted shall be in effect for the period of time requested and approved by the department.
Source. #14043, eff 8-8-24