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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.
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.