Section 17-2911. VARIANCES

 

2911.1The Director, in the Director's discretion, may excuse the inability of a licensee to conform to requirements of this section and grant a variance to the licensee if the Director determines the following:

 

(a)To deny the variance would result in undue hardship to the licensee;

 

(b)Compensating factors are present which give adequate protection to the health, safety, and welfare of the animals under the care of the facility and the public; and

 

(c)The variance can be granted without impairing the purposes of this chapter or the Act.

 

2911.2A licensee shall submit a request for a variance on the prescribed form setting forth the reasons that compliance with the requirements of this chapter would result in undue hardship and the compensating factors that would ensure adequate protection of the health, safety, and welfare of the animals under the care of the facility and public.

 

2911.3A licensee requesting a variance shall submit a request within the period specified in a notice of noncompliance, but in no case more than twenty (20) days after the date the notice was mailed to the licensee.

 

2911.4The Director shall maintain a written record of each variance granted or denied and shall make these records available for inspection by the public.

 

2911.5The Director's decision to grant or deny variance shall be final and is not subject to review.

 

source

Final Rulemaking published at 35 DCR 6630, 6635 (September 2, 1988).