O.C.G.A.

O.C.G.A. § 50-13-9.1 (2019)

Variances or waivers to rules

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) The General Assembly finds and declares that the strict application of rules can lead to unreasonable, uneconomical, and unintended results in particular instances. The General Assembly further declares that it is appropriate in such cases to adopt a procedure for agencies to provide relief to persons subject to regulation.

(b) As used in this Code section, the term:

(1) ‘‘Substantial hardship’’ means a significant, unique, and demonstrable economic, technological, legal, or other type of hardship to the person requesting a variance or waiver which impairs the ability of the person to continue to function in the regulated practice or business.

(2) ‘‘Variance’’ means a decision by an agency to grant a modification to all or part of the literal requirements of a rule to a person who is subject to the rule.

(3) ‘‘Waiver’’ means a decision by an agency not to apply all or part of a rule to a person who is subject to the rule.

(c) Except as provided in subsection (h) of this Code section, an agency is authorized to grant a variance or waiver to a rule when a person subject to that rule demonstrates that the purpose of the underlying statute upon which the rule is based can be or has been achieved by other specific means which are agreeable to the person seeking the variance or waiver and that strict application of the rule would create a substantial hardship to such person. A register of all pending requests for variances and waivers and all approved variances and waivers shall be maintained by the department granting the waiver or variance and shall be updated upon each grant of waiver or variance and be made available, upon request, to members of the public. The register and each entry on the register shall be posted on the GeorgiaNet. Any member of the public, including interested parties, shall have the opportunity to submit written comments concerning proposed variances or waivers prior to the approval of a variance or waiver pursuant to this Code section.

(d) Except as provided in subsection (h) of this Code section, a person who is subject to regulation by an agency rule may file a petition with that agency requesting a variance or waiver from the agency’s rule. In addition to any other requirements which may be imposed by the agency, each petition shall specify:

(1) The rule from which a variance or waiver is requested;

(2) The type of action requested;

(3) The specific facts of substantial hardship which would justify a variance or waiver for the petitioner, including the alternative standards which the person seeking the variance or waiver agrees to meet and a showing that such alternative standards will afford adequate protection for the public health, safety, and welfare; and

(4) The reason why the variance or waiver requested would serve the purpose of the underlying statute.

(e) The agency subject to the provisions of subsections (c) and (d) of this Code section shall grant or deny a petition for variance or waiver in writing no earlier than 15 days after the posting of the petition on the register and no more than 60 days after the receipt of the petition. The agency’s decision to grant or deny the petition shall be in writing and shall contain a statement of the relevant facts and the reasons supporting the agency’s action.

(f ) The agency’s decision to deny a petition for variance or waiver shall be subject to judicial review in accordance with Code Section

Notes of Decisions

Cited in 3 cases, 2004–2017 · leading case: Welcker v. Georgia Bd. of Examiners of Psychologists, 798 S.E.2d 368 (Ga. Ct. App. 2017).

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Welcker v. Georgia Bd. of Examiners of Psychologists, 798 S.E.2d 368 (Ga. Ct. App. 2017). · cites it 16× “) OCGA § 50-13-9.1 (c). Therefore, Welcker also bore the burden of demonstrating that she was entitled to a waiver.”

White v. Georgia Peace Officer Standards & Training Council, 605 S.E.2d 136 (Ga. Ct. App. 2004). · cites it 4× “Under the circumstances of this case, we cannot say that the council abused its discretion. 25 6. Finally, White claims that the council abused its discretion in denying him a waiver, asserting that the council failed to comply with *753 OCGA § 50-13-9.”

Joy Welcker v. Georgia Bd. of Examiners of Psychologists (Ga. Ct. App. 2017). · cites it 15× “” OCGA § 50-13-9.1 (b) (3). 2 to grant a . .”

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