36.03.02.11

.11 Exemption or Waiver of License Requirement.

A. General.

(1) The Commission may:

(a) Grant an exemption to a licensing requirement;

(b) Waive a licensing requirement; or

(c) Waive grounds for denial of a license.

(2) Except for an operation or manufacturer license applicant, the Commission may grant an exemption or waive a requirement under this regulation only after the Commission determines that the requirement or grounds for denial of a license as applied to the applicant are not necessary in order to protect the public interest or accomplish the policies established by State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland.

(3) The Commission may delegate its authority to decide a waiver of a licensing requirement to staff.

B. Process.

(1) A person requesting an exemption or waiver shall submit a written request in a format specified by the Commission.

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

(a) The COMAR section for the standard for which the exemption or 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 staff or the Commission.

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

(a) Of any deficiency; and

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

C. Decision.

(1) Upon receipt of a request that complies with §§A and B of this regulation, staff shall:

(a) Present the request to the Commission as soon as practicable; or

(b) If the Commission has delegated to staff the authority to decide the waiver request, [decide the waiver request] make a decision as soon as practicable.

(2) At any time before or after a waiver or exemption has been granted, the Commission may:

(a) Limit or place restrictions on the exemption or waiver as the Commission considers necessary in the public interest; and

(b) Require the licensee who is granted the exemption or waiver to cooperate with the Commission and to provide the Commission with any additional information required by the Commission as a condition of the waiver or exemption.

(3) After the Commission or staff decides whether to grant or deny the request, staff shall notify the requestor of the decision.