§ 26-8a-106. Waiver of rules.

(1) Upon application, the committee or department may waive the requirements of a rule it has adopted if:

(a) the person applying for the waiver satisfactorily demonstrates that:

(i) the waiver is necessary for a pilot project to be undertaken by the applicant;

(ii) in the particular situation, the requirement serves no beneficial public purpose; or

(iii) circumstances warrant that waiver of the requirement outweighs the public benefit to be gained by adherence to the rule; and

(b) for a waiver granted under Subsection (1)(a)(ii) or (iii), the committee or department:

(i) extends the waiver to similarly situated persons upon application; or

(ii) amends the rule to be consistent with the waiver.

(2) A waiver of education, licensing, or certification requirements may be granted to a veteran, as defined in Section 71-8-1, if the veteran:

(a) provides to the committee or department documentation showing military education and training in the field in which certification or licensure is sought; and

(b) successfully passes any examination required.

(3) No waiver may be granted under this section that is inconsistent with the provisions of this chapter.

Amended by Chapter 181, 2011 General Session