675 IAC 12-5-5.3 Referring variances to the commission

Sec. 5.3. (a) Upon receipt of a completed variance application, the department shall either make a determination on the variance request, in accordance with the requirements of this rule, or place it on the commission's agenda for determination. (b) If the department places a request for a variance on the commission's agenda for determination, only the commission may make a determination on the variance request. (c) The decision to place a variance request on the commission's agenda for determination is within the sole discretion of the department. If the department places a variance request on the commission's agenda, the department shall also provide a copy of all properly submitted written comments to the commission.