Code of Massachusetts Regulations
520 CMR - DEPARTMENT OF PUBLIC SAFETY
Title 520 CMR 6.00 - Hoisting Machinery
Section 6.13 - Variance Procedure

Universal Citation: 520 MA Code of Regs 520.6

Current through Register 1531, September 27, 2024

(1) Variance. Any person who believes that full compliance with 520 CMR 6.00 is overly burdensome may apply to the Department for a variance from 520 CMR 6.00. The burden is on the applicant to demonstrate in writing to the Department that the granting of the variance would not compromise public safety or otherwise undermine the purpose of 520 CMR 6.00. Applications for a variance shall be made on a form provided by the Department for this purpose and shall contain such information as is required by the Department, and shall be signed by the applicant.

(2) Upon receipt of an application for a variance, the Commissioner, or his or her designee may:

(a) Grant the application with whatever conditions are deemed appropriate; or

(b) Deny the application without a hearing;

(3) Any person aggrieved by this decision may file a request for an adjudicatory hearing with the Department within 30 days of receipt of the decision. All adjudicatory hearings shall be held in accordance with the provisions of M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules. Any person aggrieved by a decision made after an adjudicatory hearing may appeal to the Superior Court in accordance with M.G.L. c. 30A, § 14.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.