(1) The commission may grant an exemption from the provision of any rule in this chapter, when doing so in chapter
480-62 WAC is consistent with the public interest, the purposes underlying regulation, and applicable statutes.
(2) To request a rule exemption, a person must file with the commission a written request identifying the rule for which an exemption is sought, giving a full explanation of the reason the exemption is requested.
(3) The commission will assign the request a docket number, if it does not arise in an existing docket, and will schedule the request for consideration at one of its regularly scheduled open meetings or, if appropriate under chapter
34.05 RCW, in an adjudication. The commission will notify the person requesting the exemption, and other affected persons, of the date of the hearing or open meeting when the commission will consider the request.
(4) In determining whether to grant the request, the commission may consider whether application of the rule would impose undue hardship on the petitioner, of a degree or a kind different from hardships imposed on other similarly situated persons, and whether the effect of applying the rule would be contrary to the purposes of the rule.
(5) The commission will enter an order granting or denying the request or setting it for hearing, pursuant to chapter
480-07 WAC.
[Statutory Authority: RCW
80.01.040 and
80.04.160. WSR 03-24-028 (General Order R-510, Docket No. A-010648), § 480-62-140, filed 11/24/03, effective 1/1/04. Statutory Authority: RCW
80.01.040,
81.04.160,
81.24.010,
81.28.010,
81.28.290,
81.40.110,
81.44.010,
81.44.020,
81.44.101-
81.44.105, and chapters
81.48, 81.53, 81.54, 81.60, and
81.61 RCW. WSR 01-04-026 (Docket No. TR-981102, General Order No. R-477), § 480-62-140, filed 1/30/01, effective 3/2/01.]