Petition For Waiver Of Or Variance From A Licensing Requirement Or Restricted Practice

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 94 OCCUPATIONAL LICENSING REFORM ACT 67-9415. PETITION FOR WAIVER OF or variance from a LICENSING REQUIREMENT OR RESTRICTED PRACTICE. (1) Any person may petition a licensing authority for a waiver of or variance from a licensing requirement or practice that would be otherwise restricted to a licensee if: (a)  Due to the petitioner’s circumstances, the application of the licensing requirement or restricted practice is unreasonable and would impose undue hardship or burden on the petitioner with no offsetting public health, safety, or welfare benefit to the public; (b)  The petitioner proposes an alternative that, in the opinion of the licensing authority, will afford substantially equal protection of health, safety, and welfare intended by the particular licensing requirement for which the waiver or variance is requested; or (c)  The waiver or variance requested would test an innovative practice or model that will, in the opinion of the licensing authority, generate meaningful evidence for the licensing authority in consideration of a licensing requirement or restricted practice change. (2)  In response to a petition filed pursuant to subsection (1) of this section, a licensing authority shall: (a)  Deny the petition in writing, stating the reasons for the denial; or (b)  Approve the petition and grant a waiver of or variance from the licensing requirement or restricted practice, in whole or in part, and specify whether any conditions are placed on the waiver or variance or whether a specific time period for the waiver or variance is established. (3)  A licensing authority shall approve or deny a petition filed pursuant to this section or initiate proceedings to review the petition within twenty-eight (28) days after submission of the petition. Provided, however, if the licensing authority is governed by a multimember licensing authority board or commission whose members are not full-time officers or employees of the state, the licensing authority shall take action on the petition no later than the first regularly scheduled meeting of the board or commission that takes place seven (7) or more days after submission of the petition. If a licensing authority requests additional information from a petitioner, the time period specified in this subsection shall begin anew. (4)  Following the granting of a waiver or variance a licensing authority shall consider a change that will allow all similarly situated persons to derive the same benefits granted to the petitioner. (5)  Any licensing authority decision denying a petition shall be considered a final agency action. (6)  This section shall not allow waivers or variances that would grant an initial license to an individual who does not meet the statutory requirements for an initial license.