Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-1 - General Provisions, Scope and Construction of Rules › Section 538-X-1-.08 - Request For Variance Of Rules

Current through Register Vol. 42, No. 9, June 28, 2024
A requested variance of these Rules may be either temporary or
				permanent.
(1) Temporary Variance. A
			 patient, caregiver, applicant or licensee may request a temporary variance to
			 relax or suspend these Rules when, in the opinion of the requesting party,
			 circumstances dictate that the requesting party must be out of compliance with
			 these Rules for a period of time specified by the requesting party, not longer
			 than six months. The Commission cannot grant a variance of any type in conflict
			 with the Act; a temporary variance may not issue to excuse the requesting party
			 from the mandates of the Act. Unless otherwise directed, a requesting party may
			 operate consistently with its requested temporary variance pending its final
			 disposition by the Commission. On motion of the requesting party and for good
			 cause shown, the Commission after inquiry, may vote to renew a temporary
			 variance for an additional term not exceeding six months. Circumstances
			 warranting a temporary variance must be unusual, unforeseen to the requesting
			 party, unavoidable (i.e., incapable of being addressed other than through
			 special dispensation to have the Rule not apply), and for the prevention of
			 undue hardship. A motion for temporary variance must be filed electronically
			 through the AMCC website and shall be reviewed and initially decided by AMCC
			 staff. All unchallenged decisions by AMCC staff may be ratified, as
			 appropriate, by a majority vote of the Commission upon due inquiry into the
			 request at the next duly called meeting more than fourteen {14) days from the
			 AMCC staff's decision. Within fourteen {14) days of the AMCC staff's denial of
			 a motion for temporary variance, the aggrieved requesting party may file an
			 electronically submitted notice of appeal, which shall be heard and decided by
			 the majority vote of the Commission at the next duly called meeting more than
			 fourteen {14) days from the date of filing the notice of appeal. Temporary
			 Variances are not otherwise subject to appeal.
(2) Permanent Variance. A patient, caregiver,
			 applicant or licensee may file a motion for a permanent variance from these
			 Rules when, in the opinion of the requesting party, circumstances dictate that
			 the requesting party must be permanently out of compliance with these Rules
			 (the Commission cannot grant a variance of any type in conflict with the Act; a
			 permanent variance may not issue to excuse the requesting party from the
			 mandates of the Act.). Circumstances warranting a permanent variance must be
			 extraordinary (e.g., that the permanent noncompliance requested by the
			 requesting party is superior to compliance with the Rules in terms of
			 economics, expedience, justice and overall benefit to the requesting party as
			 well as any family members, employees, agents, or other members of the public).
			 A motion for permanent variance must be filed electronically through the AMCC
			 website and shall be reviewed and decided by a majority vote of the Commission
			 at a the next duly called meeting of the Commission more than fourteen {14)
			 days from the date of the motion's filing. A party aggrieved by the initial
			 decision of the Commission may seek review by electronically filing an
			 application for rehearing within fourteen (14) days from the date of the
			 Commission's initial decision. The rehearing shall occur at the next duly
			 called meeting of the Commission more than fourteen {14) days from the date of
			 its filing. An application for rehearing should contain any argument (not to
			 exceed 10 pages) and written materials (not to exceed 25 pages) that the
			 aggrieved party wishes the Commission to consider; the requesting party may be
			 asked to be present at the meeting to provide further information regarding its
			 application and any extraordinary circumstances attending the request.
			 Permanent variances are not otherwise subject to review. In the event a
			 permanent variance is granted, the Commission should consider whether the Rules
			 should be amended to allow others similarly situated the same opportunity as
			 has been granted for the requesting party.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.