Sec. 7434.3. Application for a variance

(a) Any application to the commission for a variance shall be made in writing by the commissioner of OCFS.

(b) Such application shall include:

(1) the specific rule, regulation or provision that is the subject of the application;

(2) the specific reasons and facts supporting OCFS’s position that compliance with the specific rule and regulation cannot be achieved; and

(3) the specific plans, provisions and timetables for achieving full compliance with the rule or regulation at issue, the time period for which the variance is requested, and any other material that OCFS deems supportive of the application.

(c) When the application is made for reasons stated in section 7434.2(a)(3) of this Part, the application shall also include the specific plans which fully explain and support alternative methods of compliance.

(d) The commission may require additional information concerning any variance application prior to rendering a decision.