Rhode Island Code of Regulations
Title 216 - Department of health
Chapter 60 - Laboratories and Medical Examiner
Subchapter 05 - State Laboratory
Part 5 - Certifying Analytical Laboratories
Section 216-RICR-60-05-5.11 - Variance Procedure

Current through September 18, 2024

A. The Department may grant a variance either upon its own motion or upon request of the applicant from the provisions of any rule or regulation in specific instances where it is found that literal enforcement of such provisions will result in unnecessary hardship to the applicant and such variance will not be contrary to federal regulations, the public interest, public health, or health and safety of individuals.

B. A request for variance shall be made in writing, setting forth in detail the basis of the request.

C. Upon filing of such request with the Department and within a reasonable time thereafter, the Department shall notify the applicant by certified mail of its approval, or in case of a denial, a hearing date, time, and place may be scheduled if the applicant appeals the decision.

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