1. A. Any school may petition in writing for an exemption or variance from any of the requirements of this rule. Such petition shall:

   (1) identify the section of this rule for which the exemption or variance is requested;

   (2) describe the situation which necessitates the exemption or variance;

   (3) describe the effect of complying with this rule on the school and its customers, and on its competitors and their customers, if the exemption or variance is not granted;

   (4) state how the exemption or variance will achieve the purposes of this rule and the Driving School Licensing Act; and

   (5) state why the proposed alternative is in the public interest or is better than the requirement in the rule.

2. B. Such petition may include a motion that the bureau stay the affected portion of this rule for the transaction specified in the motion.
3. C. Petitions for an exemption or a variance and motions for a stay must be supported by an affidavit signed by the licensee or other person with authority to bind the licensee.
4. D. The bureau may, at its discretion, require an informal conference or formal evidentiary hearing prior to making its determination.

5. E. Each exemption or variance shall be valid for no longer than the end of the current license year.

   HISTORY OF 18.20.3 NMAC

   Pre-NMAC History. The material in this rule was previously filed with the state records center and archives as SHTD Rule 93-1, Minimum Standards for Driver Education for Commercial Driving Schools, filed 9-3-93.

   Repealed Material.

   18 NMAC 20.3, New Mexico's Driver Education Schools (filed 6-16-98) repealed 1-1-03.

   Other History.

   SHTD Rule 93-1, Minimum Standards for Driver Education for Commercial Driving Schools (filed 9-3-93) was renumbered, reformatted, and replaced by 18 NMAC 20.3, New Mexico's Driver Education Schools, effective 7-1-98.

   18 NMAC 20.3, New Mexico's Driver Education Schools (filed 6-16-98) was renumbered, reformatted, and replaced by 18.20.3 NMAC, Driver Education Schools, effective 1-1-03.

[18.20.3.21 NMAC - Rp, 18 NMAC 20.3.19 and 20.3.20, 1-1-03; Repealed, 2-13-09; 18.20.3.21 NMAC - Rn, 18.20.3.22 NMAC & A, 2-13-09]