(a) If the secretary issues a notice of ineligibility, the applicant, or the employer on the applicants behalf, may file a written request for a variance with the secretary not later than 30 days after the date of the notice required by 16-49-3 or 16-49-4 of this code.
(b) The secretary may grant a variance if:
(1) Mitigating circumstances surrounding the negative finding or disqualifying offense is provided; and