Indiana § 13-14-8-8 Variance from rules; application; hearing; five year limit; revocation
of variance

Indiana Statutes

§ 13-14-8-8 — Variance from rules; application; hearing; five year limit; revocation of variance

Indiana § 13-14-8-8

Art. 14POWERS AND DUTIES OF DEPARTMENT OF

Ch. 8Rules and Standards

This text of Indiana § 13-14-8-8 (Variance from rules; application; hearing; five year limit; revocation of variance) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 13-14-8-8 (2026).

Text

(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

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(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.]