Variance applications
Compiled text through Mar 31, 2022
Register checked through Jul 29, 2026
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)Any application to the commission for a variance shall be made in writing by the commissioner.
(b)Such application shall include:
(1)the specific rule, regulation or provision that is the subject of the application;
(2)the specific reasons and facts supporting the belief that compliance with the specific rule and regulation cannot be achieved;
(3)when the application is made for reasons stated in paragraphs (1) and (2) of section 7603.2(a) of this Part, the specific plans, provisions and timetables for achieving full compliance with the rule or regulation at issue, the time period for which the variance is requested and any other material that the commissioner deems supportive of the application; and
(4)when the application is made for reasons stated in section 7603.2(a)(3) of this Part, the specific plans which fully explain and support alternative methods of compliance when compliance is to be achieved in a manner other than that which is specified in the provisions of this Chapter.
(5)when the application is made for reasons stated in section 7603.2(b) of this Part, the specific program(s) or need(s) in question shall be described in detail, together with an explanation as to why such program(s) or need(s) cannot reasonably be met, would be inordinately delayed, or cannot be established at an alternate correctional facility sufficient to meet the needs of the inmate population.
(c)The commission may require additional information concerning any variance application prior to rendering its decision.