Waiver of rules and education and licensing requirements.

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  • (1) Upon application, the department, or the committee with the concurrence of the department, may waive the requirements of a rule the department, or the committee with the concurrence of the department, has adopted if:
    • (a) the person applying for the waiver satisfactorily demonstrates that:
      • (i) the waiver is necessary for a pilot project to be undertaken by the applicant;
      • (ii) in the particular situation, the requirement serves no beneficial public purpose; or
      • (iii) circumstances warrant that waiver of the requirement outweighs the public benefit to be gained by adherence to the rule; and
    • (b) for a waiver granted under Subsection (1)(a)(ii) or (iii):
      • (i) the committee or department extends the waiver to similarly situated persons upon application; or
      • (ii) the department, or the committee with the concurrence of the department, amends the rule to be consistent with the waiver.
  • (2) A waiver of education or licensing requirements may be granted to a veteran, as defined in Section 68-3-12.5, if the veteran:
    • (a) provides to the committee or department documentation showing military education and training in the field in which licensure is sought; and
    • (b) successfully passes any examination required.
  • (3) No waiver may be granted under this section that is inconsistent with the provisions of this chapter.




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