Current through Register 1536, December 6, 2024
Section 6.13 - Variance Procedure(1)Variance. Any person who believes that full compliance with 520 CMR 6.00 is overly burdensome may apply to the Department for a variance from 520 CMR 6.00. The burden is on the applicant to demonstrate in writing to the Department that the granting of the variance would not compromise public safety or otherwise undermine the purpose of 520 CMR 6.00. Applications for a variance shall be made on a form provided by the Department for this purpose and shall contain such information as is required by the Department, and shall be signed by the applicant.(2) Upon receipt of an application for a variance, the Commissioner, or his or her designee may: (a) Grant the application with whatever conditions are deemed appropriate; or(b) Deny the application without a hearing;(3) Any person aggrieved by this decision may file a request for an adjudicatory hearing with the Department within 30 days of receipt of the decision. All adjudicatory hearings shall be held in accordance with the provisions of M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules. Any person aggrieved by a decision made after an adjudicatory hearing may appeal to the Superior Court in accordance with M.G.L. c. 30A, § 14.Amended by Mass Register Issue 1326, eff. 11/18/2016.