R166-72-6. Regulatory Mitigation - Agreement

(1) A participant in the learning laboratory may apply for a regulatory mitigation agreement as defined in Subsections 13-72-101(11) and (12). (2) To qualify for a mitigation agreement, a participant shall: (a) meet the requirements in Sections 13-72-302 and 13-72-303; and (b) meet the following additional requirements: (i) pay an application fee and the annual participation fee prescribed by the office; (ii) if the applicant is an entity, be registered in at least one state; and (iii) complete a mitigation application form prescribed by the office. (3) The office may also consider the following factors in determining whether to grant a mitigation application: (a) the applicant's ability to comply with reporting, data usage, cybersecurity, disclosure, and conflict requirements; (b) whether the applicant has received approval for mitigation from other relevant state agencies, where applicable; (c) the scope of the applicant's prior, current, or potential involvement in the learning laboratory; and (d) any other relevant factor. (4) The office may deny a mitigation application for any lawful reason.