Complete the Waiver/Variance Request Form to request a waiver of or variance from a Board of Psychology rule, except for any part of a rule that incorporates a statutory requirement.
The Board derives its authority to consider waivers and variances from Minnesota Rule 7200.6000. Subpart 1 of that rule is printed on the waiver/variance form, as are the definitions of variance and waiver. The definitions can also be found in Minnesota Rule 7200.0100.
The Board of Psychology considers variance and waiver requests at regularly scheduled Board meetings. Board decisions are communicated in writing to the petitioner usually within a week or two following the Board meeting.
About Variances
According to the definition, a variance is Board-authorized permission to comply with a rule in a manner other than that generally specified in the rule. For example, an applicant would petition the Board of Psychology for a variance from the rule requiring that a pre-degree internship appear on the transcript of the applicant, if the applicants school does not post internships on student transcripts. In such a case, the petitioner might request that the Board allow her/him to comply with the rule using an alternative form of independent verification of the internship, such as a letter sent directly to the Board by the internship director. In order to apply for a variance, the petitioner would complete sections A - D of the form. In section A, the petitioner would explain why (state the specific circumstances) adherence to the rule would impose an undue1 burden; in section B, the petitioner would explain why no public protection issues arise if this variance is granted; and in section C, the petitioner would explain why s/he believes that the rationale for the rule has been met by using alternative practices or measures, which the petitioner will specify in this section of the form.
About Waivers
According to the definition, a waiver is Board-authorized permission not to comply with a rule. For example, a petitioner would apply for a waiver to request that the Board not require the payment of the late fee, when a renewal or special fee was not postmarked by the due date. In such a case, the petitioner would request that the Board not collect the late fee because of certain circumstances that would impose on the petitioner an undue1 burden, which the petitioner will specify in section A of the form, and because no public protection issues arise due to the petitioners late payment of the fee, which the petitioner will specify in section B of the form. In order to apply for a waiver, the petitioner would complete only sections A, B, and section D of the form.
More About Waivers of Late Fees
Board of Psychology late fees are andfrac12; the renewal or special fee. The amount is set to discourage late payment so that renewals are received on time allowing for accurate licensure verification and eliminating the need for follow-up, which is costly to licensees.
An individual paying after the due date of a fee shall pay the late fee along with the current renewal or special fee. If you also petition for a waiver of the late fee and the petition is granted, the Board will refund the late fee. However, the Board strongly encourages you not to risk having to pay a late fee. Some of the most common reasons that you are likely to incur a late fee are the following:
- If the postmark is dated or the fee is hand-delivered after the last day the fee is dueandmdash;even by one dayandmdash;this will result in a late fee.
- If the date the fee is due falls on a weekend or holiday, and the fee is postmarked or hand-delivered on the first working day of the following month, this will result in a late fee.
- If your fee and/or renewal materials are returned to you by the post office due to insufficient postage, incorrect address, etc., and, as a result, the Board receives them after the due date, this will result in a late fee.
- If you entrust the mailing of your fee and/or renewal materials to a third party, and they are received late, this will result in a late fee.
- The Board is required by its rules to enforce late fees. Although you have the right to petition for a waiver of a late fee you are assessed, experience has been that it is uncommon for the Board to grant such a request.
1 When completing the section on undue burden, please pay close attention to explaining why the rule, as written, would impose not just a burden, but a burden that is undue.
