# Title 63 — Board of Podiatric Medicine

## Article 63-05 — Waivers and Variances

## Chapter 63-05-01 — Waivers and Variances

### § 63-05-01-01. Waivers and variances.

1. Waivers - Application. A licensee or applicant for licensure may petition the board for a time
limited waiver of any rule except for any part of a rule which incorporates a statutory
requirement. The waiver must be granted if:
a. The rule in question does not address a problem of significance to the public in relation to
the practice or application of the petitioner;
b. Adherence to the rule would impose an undue burden on the petitioner; and
c. The granting of a waiver will not adversely affect the public welfare.
2. Waivers - Renewal, reporting, and revocation. A waiver must be renewed upon
reapplication according to the procedure described in subsection 1 if the circumstances
justifying its granting continue to exist. Any petitioner who is granted a waiver shall
immediately notify the board in writing of any material change in the circumstances which
justify its granting. A waiver must be revoked if a material change in the circumstances which
justify its granting occurs.
3. Variances - Application. A licensee or applicant may petition the board for a time limited
variance from any rule except for any part of a rule which incorporates a statutory
requirement. A variance must be granted if the petitioner specifies alternative practices or
measures equivalent to or superior to those prescribed in the rule in question and provides
evidence that:
a. The rationale for the rule in question can be met or exceeded by the specified alternative
practices or measures;
b. Adherence to the rule would impose an undue burden on the petitioner; and
c. The granting of the variance will not adversely affect the public welfare.
4. Variances - Compliance. Any petitioner who is granted a variance shall comply with the
alternative practices or measures specified in the application for the variance.
5. Variance - Renewal, reporting, and revocation. A variance must be renewed upon
reapplication according to the procedure described in subsection 3 if the circumstances
justifying its granting continue to exist. Any petitioner who has been granted a variance shall
immediately notify the board of any material change in circumstances which justify the
granting of the variance. A variance shall be revoked if a material change in the circumstances
which justify its granting occurs.
6. Burden of proof. The burden of proof is upon the petitioner to demonstrate to the board that
the requirements in subsections 1 and 3 have been met.

7. Statement of reasons. The minutes of any meeting at which a waiver or variance is granted,
denied, renewed, or revoked must include the reason for the action.
History: Effective December 1, 1991.
General Authority: NDCC 43-05-08
Law Implemented: NDCC 43-05-08
