Sec. 36.03.01.04. Waivers

A. General. A person seeking an exemption from a Commission regulation issued under State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, shall request that the Commission waive the regulation.

B. Process.

(1) A person requesting a waiver of a regulation shall submit a written waiver request in a format specified by the Commission.

(2) A written waiver request shall contain at least the following:

(a) The Maryland regulation for which the waiver is sought;

(b) Detailed facts in support of the waiver request;

(c) An explanation of the unique circumstances justifying the request; and

(d) Any other information requested by the Commission.

(3) Upon receipt of a waiver request that fails to comply with §B(1) or (2) of this regulation, Commission staff shall notify the requestor:

(a) Of any deficiency in the waiver request; and

(b) That the waiver request will not be presented to the Commission unless the identified deficiency is corrected.

(4) Upon receipt of a waiver request that complies with §B(1) and (2) of this regulation, Commission staff shall present the waiver request to the Commission as soon as practicable.

C. Decision.

(1) In deciding whether to grant a waiver request, the Commission may consider:

(a) The particular facts supporting the waiver request;

(b) Whether enforcement of the regulation as to the subject of the waiver request is necessary to protect the public interest or accomplish the policies established by State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland;

(c) Limiting or restricting the relief sought as the Commission considers necessary in the public interest;

(d) Granting the waiver request subject to a condition;

(e) Requiring the requestor to submit any additional information; and

(f) Any other relevant information.

(2) The Commission shall provide the requestor with written notification of its decision.

D. This regulation does not apply to a request for waiver of a licensing requirement under COMAR 36.03.02.11.