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Section 106 - Waiver of rules and education and licensing requirements.

UT Code § 26-8a-106 (2019) (N/A)
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(1) Upon application, the department, or the committee with the concurrence of the department, may waive the requirements of a rule the department, or the committee with the concurrence of the department, has adopted if: (a) the person applying for the waiver satisfactorily demonstrates that: (i) the waiver is necessary for a pilot project to be undertaken by the applicant; (ii) in the particular situation, the requirement serves no beneficial public purpose; or (iii) circumstances warrant that waiver of the requirement outweighs the public benefit to be gained by adherence to the rule; and (b) for a waiver granted under Subsection (1)(a)(ii) or (iii): (i) the committee or department extends the waiver to similarly situated persons upon application; or (ii) the department, or the committee with the concurrence of the department, amends the rule to be consistent with the waiver.

(a) the person applying for the waiver satisfactorily demonstrates that: (i) the waiver is necessary for a pilot project to be undertaken by the applicant; (ii) in the particular situation, the requirement serves no beneficial public purpose; or (iii) circumstances warrant that waiver of the requirement outweighs the public benefit to be gained by adherence to the rule; and

(i) the waiver is necessary for a pilot project to be undertaken by the applicant;

(ii) in the particular situation, the requirement serves no beneficial public purpose; or

(iii) circumstances warrant that waiver of the requirement outweighs the public benefit to be gained by adherence to the rule; and

(b) for a waiver granted under Subsection (1)(a)(ii) or (iii): (i) the committee or department extends the waiver to similarly situated persons upon application; or (ii) the department, or the committee with the concurrence of the department, amends the rule to be consistent with the waiver.

(i) the committee or department extends the waiver to similarly situated persons upon application; or

(ii) the department, or the committee with the concurrence of the department, amends the rule to be consistent with the waiver.

(2) A waiver of education or licensing requirements may be granted to a veteran, as defined in Section 68-3-12.5, if the veteran: (a) provides to the committee or department documentation showing military education and training in the field in which licensure is sought; and (b) successfully passes any examination required.

(a) provides to the committee or department documentation showing military education and training in the field in which licensure is sought; and

(b) successfully passes any examination required.

(3) No waiver may be granted under this section that is inconsistent with the provisions of this chapter.

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