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How To File a Petition for Rule Variance or Waiver

Petition for Rule Variance or Waiver

O.C.G.A. § 50-13-9.1 Allows for applicants, licensees, or entities to petition a Professional Licensing Board to vary (modify) or waive (not apply) all or part of a rule requirement for the petitioner.  In order for a rule or portion thereof to be varied or waived, the petitioner must be able to demonstrate strict application of rule can lead to unreasonable, uneconomical, and unintended results in the petitioner’s particular instance. 

The statute also allows for the Professional Licensing Board to grant a variance or waiver when the petitioner is able to 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. 

The following sections describe the steps you must take to file this petition.

How to File the Petition

The following steps must be taken in order for the petition to be considered by the Board:



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