Sec. 8. (a) Except as provided in section 9 of this chapter, if a person who is affected by a rule adopted by a board believes that the imposition of the rule would impose an undue hardship or burden upon the person, the person may apply to the commissioner for a variance from the rule.

     (b) If the variance for which a person applies under subsection (a) would be in effect for more than one (1) year, the person’s application must include a demonstration of how the person would come into compliance with the rule within the period for which the variance would be in effect.

     (c) The commissioner may hold a public hearing on an application submitted under subsection (a).

     (d) If the commissioner determines that immediate compliance with the rule would impose an undue hardship or burden upon the applicant, the commissioner may grant a variance from the rule, except as provided in section 9 of this chapter. A variance from a rule may be granted for a period of not more than five (5) years.

     (e) If a variance from a rule granted to a person under this section will be in effect for more than one (1) year, the variance must include a schedule requiring the person to come into compliance with the rule within the period for which the variance will be in effect.

     (f) The commissioner may revoke a variance granted to a person under this section if the person:

(1) fails to meet the requirements of the compliance schedule set forth in the variance;

(2) receives a notice of noncompliance from the commissioner; and

(3) after receiving the notice of noncompliance, fails to take corrective action in order to comply with the compliance schedule.

If a variance is revoked under this subsection, the person granted the variance shall comply with the rule for which the variance was granted.

[Pre-1996 Recodification Citation: 13-7-7-6(a), (c) part.]

As added by P.L.1-1996, SEC.4. Amended by P.L.231-2003, SEC.1; P.L.147-2015, SEC.2; P.L.112-2016, SEC.16.