1. (a) The commission or the presiding officer shall waive the provisions of any of the commission’s administrative rules, except when precluded by statute, in response to a motion filed by an interested party, or on the commission or presiding officer’s own motion, if it is found that:

   1. (1) The waiver serves the public interest; and
   2. (2) The waiver will not disrupt the orderly and efficient resolution of matters before the commission.

2. (b) In determining the public interest, the commission or the presiding officer shall find a request to be in the public interest if:

   1. (1) Compliance with the rule would be onerous or inapplicable given the circumstances of the affected person; or
   2. (2) The purpose of the rule would be satisfied by an alternative method proposed.
3. (c) Any person affected by a rule and seeking a waiver shall file a written motion, except as provided in (d) below.
4. (d) The commission or the presiding officer shall consider any waiver request made orally during a hearing or prehearing conference.
5. (e) A request for a waiver shall specify the basis for the waiver, how the waiver might affect other parties or participants, and a proposed alternative, if any.

Source. #2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4998, eff 11-26-90; ss by #6365, INTERIM, eff 11-18-96, EXPIRED: 3-18-97 New. #6559, eff 8-19-97, EXPIRED: 8-19-05 New. #8420, INTERIM, eff 8-23-05, EXPIRED: 2-19-06 New. #8657-A, eff 6-10-06 New. #14184, eff 1-24-25 (formerly Puc 201.05)