Variance from Board Rule

What Is a Variance?

The following statutes governs requests for variance:

MN Statute 14.055 MN Statute 14.056

A variance is Board-authorized permission to comply with a rule in a manner other than that generally specified in the rule.

Note that the Board can only grant a variance related to the rules under its authority, MN Rules 1800 and 1805.

The Board cannot grant a variance from any other rules; nor can it grant a variance from any statute, as statutes are enacted by the Legislature, not the Board.

 

How Do I Request a Variance?

Send your request in writing to the Board. Read the statutes that govern variances for details regarding what information you will want to include.

In general, you explain why the specified manner of complying with the particular rule creates a hardship for you. You describe the alternative manner in which you would comply with the rule and explain why no public protection issues would arise as a result. The Board then reviews and responds to your request within the time frame required by statute.

You are not required to use a form to submit your variance request, but the following is offered for your convenience. Contact the Board investigator if you have questions or need further information.

Variance Request Form

 

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