Section 3590. Disposition of a variance request

A. If the commissioner proposes to deny the variance he shall provide the owner an opportunity to an informal fact-finding conference as provided in § 2.2-4019 of the Code of Virginia. Following this opportunity for an informal fact-finding conference the commissioner may reject any application for a variance by sending a rejection notice to the applicant. The rejection notice shall be in writing and shall state the reasons for the rejection.

B. If the commissioner proposes to grant a variance request submitted pursuant to this part, the applicant shall be notified in writing of this decision. Such notice shall identify the variance, the food establishment involved, and shall specify the period of time for which the variance will be effective. Such notice shall provide that the variance will be terminated when the food establishment comes into compliance with the applicable regulation and may be terminated upon a finding by the commissioner that the food establishment has failed to comply with any requirements or schedules issued in conjunction with the variance. The effective date of the variance shall be as noted in the variance letter.

C. All variances granted to any food establishment may not be transferable unless otherwise stated. Each variance shall be attached to the permit to operate and posted prominently in a conspicuous place for public view.

D. No owner or permit holder may challenge the terms or conditions of a variance after 30 calendar days have elapsed from the receipt of the variance.

E. Each variance is revoked when the permit to operate is revoked, suspended, or expired.

Historical Notes

Derived from Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 24, Issue 02, eff. October 16, 2007; Volume 32, Issue 22, eff. July 12, 2016.

Statutory Authority

§§ 35.1-11 and 35.1-14 of the Code of Virginia.