Section 201.7.4. Criteria for waiver or variance.

In response to a petition completed pursuant to rule 7.6(904), the department may, in its sole discretion, issue an order waiving, in whole or in part, the requirements of a rule if the department finds, based on clear and convincing evidence, all of the following:

        1.            The application of the rule would impose an undue hardship on the person for whom the waiver is requested;

        2.            The waiver from the requirements of the rule in the specific case would not prejudice the substantial legal rights of any person;

        3.            The provisions of the rule subject to the petition for a waiver are not specifically mandated by statute or another provision of law; and

        4.            Substantially equal protection of public health, safety, and welfare will be afforded by a means other than that prescribed in the particular rule for which the waiver is requested.