NAC439.240. Approval by State Board of Health.

     1. The State Board of Health will grant a variance from a regulation only if it finds from the evidence presented at the hearing that:

     (a) There are circumstances or conditions which:

          (1) Are unique to the applicant;

          (2) Do not generally affect other persons subject to the regulation;

          (3) Make compliance with the regulation unduly burdensome; and

          (4) Cause a hardship to and abridge a substantial property right of the applicant; and

     (b) Granting the variance:

          (1) Is necessary to render substantial justice to the applicant and enable the applicant to preserve and enjoy his or her property right; and

          (2) Will not be detrimental or pose a danger to public health and safety.

     2. Whenever an applicant for a variance alleges that he or she suffers or will suffer economic hardship by complying with the regulation, the applicant must submit evidence demonstrating the costs of compliance with the regulation. The Board will consider the evidence and determine whether those costs are unreasonable.

     [Bd. of Health, Variances Reg. §§ 2.7-2.8, eff. 10-16-80; A 2-5-82; 1-19-84]