Variances

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    (a)    The Commissioner shall allow variances in accordance with this section.

    (b)    Any affected railroad company may apply in writing to the Commissioner for an order for a variance from any regulation or health and safety standard adopted under this title.

    (c)    After a hearing, the Commissioner may grant a variance from the regulations and standards adopted under this title, if:

        (1)    that action is necessary to prevent undue operational or economic hardship; or

        (2)    (i)    existing conditions prevent practical compliance; and

            (ii)    the Commissioner determines the reasonable safety of the public and employees of the railroad company can be assured.


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