SECTION 310:260-15-3. Variance

(a)   Whenever the Department adopts new rules or amends existing language in this Chapter, the owner of a food establishment may request that a variance be granted on any nonconforming use that may then exist, on or before the effective date of the rule change, at the license holder's place of operation.

(b)   Variances requested pursuant to this Subchapter are subject to approval by the Department. In order to have the variance approved, a license holder must submit a written application on a form provided by the Department. Any variance request shall be deemed denied unless the license holder subsequently receives notice of approval from the Department.

(c)   If the license holder replaces the equipment or reconstructs the portion of the facility that is the subject of the variance, the new equipment or construction must conform to the rules of this Chapter.

(d)   Variances are not considered to be part of the license and may be revoked at any time, for any reason, by the Department.

[Source: Added at 37 Ok Reg 1385, eff 9-11-20]