A. Authorized waivers: The PCD director may grant full or partial waivers, in writing, of any section or provision of this rule, except as noted in 1 NMAC 5.21.22.3 [now Subsection C of 1.5.21.22 NMAC], when the agency certifies, in writing, that an emergency condition exists. When an agency certifies to an emergency condition, it must include a written description of what the emergency is and why it is recommending a waiver. An emergency condition is one that creates an immediate and serious need that cannot be met through normal leasing methods and that would seriously threaten:

(1) the functioning of government;

(2) the preservation or protection of property; or

(3) the health and safety of any person.

C. Waiver conditions: The PCD has no authority to waive federal requirements under the American with Disabilities Act.

[12/31/98; Recompiled 11/30/01]