(a) An applicant may request that the executive director approve a variance from the requirements of this subchapter if the applicant believes that a minor exception to this subchapter is required to prevent a substantial injustice.
(b) The executive director or the executive director's designee, who must be a person who holds a senior leadership position of the department and reports directly to the executive director, will consider all relevant written evidence submitted by the applicant and collected by the department relating to the request.
(c) The executive director or the designee will make a final determination on the request for a variance within 60 days of the receipt of the request.
(d) If the executive director or the designee is unable to make a final determination on the request within the 60-day period, the department will notify the applicant by mail of the delay and provide an estimated time in which a final determination will be made.
(e) If the variance is granted and the other applicable requirements are satisfied, the department will issue the permit.
(f) A denial of a variance is final and is not appealable.

Source Note: The provisions of this §21.419 adopted to be effective April 19, 2012, 37 TexReg 2687