Section 60. Issuance of a variance

A request for a variance may be approved and issued by the commissioner provided all of the following conditions are met:

1. The information contained in the request is complete and correct;

2. The agency, service, vehicle or person concerned is licensed, permitted or certified by the Office of EMS;

3. The commissioner determines the need for such a variance is genuine, and extenuating circumstances exist;

4. The commissioner determines that issuance of such a variance would be in the public interest and would not present any risk to, or threaten or endanger the public health, safety or welfare;

5. If the request is made by an EMS agency, the commissioner will consider the recommendation of the governing body or chief administrative officer provided all of the above conditions are met;

6. If the request is made by an affiliated provider who is certified or a candidate for certification, the Office of EMS will consider the recommendation of the operational medical director and the agency head for which the provider is affiliated; and

7. The person making the request will be notified in writing of the approval and issuance within 30 days of receipt of the request unless the request is awaiting approval or disapproval of a license or certificate. In such case, notice will be given within 30 days of the issuance of the license or certificate.

Historical Notes

Derived from Volume 19, Issue 03, eff. January 15, 2003; amended, Virginia Register Volume 23, Issue 06, eff. December 13, 2006; Volume 28, Issue 02, eff. November 1, 2011; Volume 29, Issue 01, eff. October 10, 2012.

Statutory Authority

§§ 32.1-12 and 32.1-111.4 of the Code of Virginia.