1. A. The board shall accept for consideration at its regular meetings where licensee actions are taken, petitions for variance of these rules. If a licensee wishes to petition the board for a variance of these rules, the licensee shall do so by filing with the board, in writing, a petition for variance. Such petition shall cite the specific section of these rules from which a variance is sought. It shall include an explanation of all factors and considerations to support the variance sought. A petition needs to be submitted at least 15 days prior to the board meeting where it is to be considered. The petitioner may also request to personally appear before the board to support the petition. The board will only accept petitions that are submitted in the following format:

   1. (1) list the specific section of the rules to be varied, including part number and section;
   2. (2) provide the petitioner’s rationale for the variance;
   3. (3) provide thorough documentation to support the request for variance; and
   4. (4) provide nine copies of the petition and supporting documentation in soft-sided binders for review by the board.
2. B. Decisions made by the board on a petition for variance shall be made in the same procedural manner as other actions of the board.

3. C. The denial of a petition for variance cannot be appealed.

   HISTORY OF 16.34.13 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with State Records Center and Archives under:

   Rule 12, Administrative Procedures, 5/23/1995.

   History of Repealed Material:

   16 NMAC 34.13, Administrative Procedures - Repealed, 6/16/2001.

[16.34.13.13 NMAC - N, 6/16/2001; A, 10/4/2007; A, 07/14/2018]