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- Any person whose subdivision plan has been disapproved or whose application for a subsurface sewage disposal system permit has been denied under this part and the rules and regulations promulgated pursuant to this part, may request in writing that a variance be granted by the commissioner.
- The request should set forth in numbered paragraphs the variance requested, the reasons therefor, and be signed by the applicant.
- The commissioner shall investigate the request for variance and inform the applicant of the commissioner’s decision within ninety (90) days from the date the request is received.
- A variance may be granted when in the opinion of the commissioner such a variance will not violate § 68-221-401 or otherwise constitute a definite health hazard.
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- Where an applicant, having had a plan disapproved or a permit denied, does not wish to request a variance, or where such applicant’s request for a variance is denied, or where such applicant’s permit has been suspended or revoked, such applicant may request a hearing before the commissioner; provided, that nothing in this section shall require the commissioner to hold more than one (1) hearing on a particular matter.
- Any hearing which is held pursuant to this section shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
- Any decision of the commissioner to disapprove plans to deny, suspend or revoke a permit, or to deny a request for a variance, shall become a final decision and not subject to review unless the applicant requests by written petition a hearing or variance no later than thirty (30) days after such decision is received.
