Section 408.7023a. Variance requests.

a. (1) Any person, firm, or corporation upon application in specific cases, may request a variation of the requirements of the rules when it is clearly evident that exceptions or variations are necessary to prevent undue hardship or when existing conditions prevent compliance with the literal requirements. The request shall be on a form prescribed by the department and specify the reasons and the relief sought and shall be submitted to the department for review.

(2)     A $75.00 nonrefundable fee shall be made to the department at the time the variance request is filed. Checks or money orders shall be made payable to the “State of Michigan”.

(3)     The department may submit the variance request to the board for its action. The department shall set a time for reviewing a request submitted to the board and provide written notice to the appellant at least 10 days before the date set for the review.

(4)     A request for an adjournment shall be filed in writing by the appellant at least 5 days before the date set for the review.  The department or the board may, for good cause, grant an adjournment.

(5)     If the appellant fails to appear at the time set for the variance request, the action may proceed and the board may decide the request in the absence of the appellant. The request may be approved, denied, modified, or set aside. The department shall notify the appellant in writing of the decision.

History: 2014 AACS.