- (a) Any interested person may request waiver or suspension of any rule by filing an original and 6 copies of a motion pursuant to which also identifies the rule in question and sets forth specific facts and arguments which support the requested waiver.
(b) A motion for waiver of a rule shall address whether:
- (1) Adherence to the rule would cause the movant hardship;
- (2) The requested waiver is necessary because of any neglect or misfeasance on the part of the movant;
- (3) Waiver of the rule would be consistent with the statutes administered by the board;
- (4) Waiver of the rule would injure third persons; and
- (5) Other good cause for waiving the rule exists.
- (c) The movant shall provide further information or participate in such evidentiary or other proceedings ordered by the board as necessary to complete action on the petition.
- (d) A motion for waiver of a rule which does not contain the information required in (b) above shall be denied without a hearing.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11 New. #10040-A, eff 12-16-11; ss by #10359, eff 6-14-13