Petition and Waiver of Rules Information
| The Georgia Composite Medical Board, in compliance with O.C.G.A. § 50-13-9.1(c), must provide to the public a register of all pending requests for variances and waivers and all approved variances and waivers. Requests for and approvals for a waiver of a rule or variance must be posted on the Medical Board web site as maintained by Georgia Net and the Georgia Technology Authority. Members of the public wishing to comment on any pending waiver or variance posted on this web page may do so in writing to the Georgia Composite Medical Board at the address listed in the heading of this web page. |
INSTRUCTIONS: Applicants seeking a "variance" or "waiver" of rules should download the "Petition For Variance or Waiver Form" below. Please complete the forms in their entirety. Do not leave any blank answers. Please e-mail the petition to the Board.
View Current Requests For Waivers
Petition
for Waiver of Rules (Form)
DISCLAIMER: Please note that staff of the Medical Board is prohibited from giving legal advice or an opinion regarding your application. Any opinion given to you by a member of the Medical Board staff is not binding on the Board. Applicants for a variance or waiver of a rule may wish to consult an attorney of their choice for legal advice. This information and the necessary forms are provided in compliance with O.C.G.A. § 50-13-19.1(c) and as a convenience to the users of our web site.
Waiver or Variance Requests: An agency is authorized to grant a variance or waiver to a rule when a person subject to the rule adequately demonstrates that the purpose of the underlying statute upon which the rule is based can be or has been achieved by other specific means which are agreeable to the person seeking the variance or waiver and that strict application of the rule would create a substantial hardship to such person. A register of all pending requests for variances and waivers and all approved variances and waivers shall be maintained by the department granting the waiver or variance and shall be made available upon to members of the public. The register and each entry on the register shall be posted on Georgia Net. Requests for Waiver will be posted for 15 days. During which time any member of the public, including interested parties, shall have the opportunity to submit written comments concerning proposed variances or waivers prior to the approval of a variance or waiver. Members of the public wishing to comment on any pending waiver or variance posted on this web page may do so in writing to the Georgia Composite Medical Board by e-mail at [email protected]. Please direct your comments to the attention of the Executive Director.
Except as provided in 50-13-19.1(h) of the Official Code of Georgia Annotated, a person who is subject to regulation by the Georgia Composite Medical Board may file a petition with the agency requesting a variance or waiver from the board’s rule. In addition to any other requirements which may be imposed by the agency (or board), each petition shall specify the following:
1.) The rule from which a variance or waiver is requested (request will not be processed without this information included in the petition);
2.) The type of action requested (by the petitioner);
3.) The specific facts of substantial hardship which would justify a variance or waiver for the petitioner, including the alternative standards which the person seeking the variance or waiver agrees to meet and a showing that such alternative standards will afford adequate protection for the public health, safety and welfare;
4.) The reason why the variance or waiver requested would serve the purpose of the underlying statute.
Exceptions to Waiver or Variance Requests: The provisions of O.C.G.A. § 50-13-9.1(c) shall not apply, as stipulated in O.C.G.A. § 50-13-19.1(h), and no variance or waiver shall be sought or authorized, when:
1.) Any agency rule or regulation has been adopted or promulgated in order to implement or promote a federally delegated program;
2.) Any rule or regulation is promulgated or adopted by the Department of Corrections concerning any institutional operations or inmate activities;
3.) Any rule or regulation is promulgated or adopted by the State Board of Pardons and Paroles regarding clemency considerations and actions;
4.) Any rule or regulation is promulgated or adopted by the Department of Community Health;
5.) Any rule or regulation is promulgated or adopted by the Department of Agriculture;
6.) Any rules, regulations, standards or procedures are adopted or promulgated by the Department of Natural Resources for the protection of the natural resources, environment, or vital areas of this state; or,
7.) The granting of a waiver or variance would be harmful to the public health, safety, or welfare.
DISCLAIMER: Please note that staff of the Medical Board is prohibited from giving legal advice or an opinion regarding your application. Any opinion given to you by a member of the Medical Board staff is not binding on the Board. Applicants for a variance or waiver of a rule may wish to consult an attorney of their choice for legal advice. This information and the necessary forms are provided in compliance with O.C.G.A. § 50-13-19.1(c) and as a convenience to the users of our web site.