11VAC5-70-40: Waiver of requirement

A. A waiver of requirements in general.

1. The director may waive any of the grounds for denial or renewal of a permit, license, or registration.

2. The director may waive the grounds for denial under this section only after the director determines that denial would limit the number of applicants, permit holders, licensees, or registrants in a manner contrary to the best interests of the Commonwealth of Virginia.

B. Process for waiver of requirements.

1. A person requesting a waiver shall submit a written request in a format specified by the director.

2. A written request shall contain at least the following:

a. The standard for which the waiver is sought;

b. Detailed facts in support of the request;

c. An explanation of the unique circumstances justifying the request; and

d. Any other information requested by department staff or the director.

3. Upon receipt of a waiver request that fails to comply with subdivision 1 or 2 of this subsection, department staff shall notify the requestor:

a. Of any deficiency; and

b. That the request will not be presented to the director unless the identified deficiency is corrected.

C. Decision for waiver of requirements.

1. Upon receipt of a request that complies with subsections A and B of this section, department staff shall present the request to the director as soon as practicable.

2. At any time before or after a waiver has been granted, the director may:

a. Limit or place restrictions on the waiver as the director considers necessary in the best interest of the Commonwealth; and

b. Require the permit holder or licensee who is granted the waiver to cooperate with the director and to provide the director with any additional information required as a condition of the waiver.

3. After the director decides whether to grant or deny the request for a waiver, department staff shall notify the requestor of the decision.

4. The decision of the director on a request for a waiver is final and may not be appealed.