(a) To request a variance waiving or modifying an accessibility standard, an owner or the owner's designated agent must submit:
  (1) a complete a separate form prescribed by the department for each registered project within a single building or facility;
  (2) supporting documentation, including photos, cost analyses, and code references; and
  (3) the required fee in §68.80.
(b) A denied variance request may be appealed to the department in writing. An appeal must:
  (1) be in writing and signed by the owner or the owner's designated agent;
  (2) include supporting documentation; and
  (3) include the fee required under §68.80.
(c) An appeal denied by the department may be appealed to the executive director of the department in writing and must include supporting documentation.
(d) The department and executive director will provide written notice of determinations made under this section to the owner and the person making the submission, if applicable.
(e) Variance and Appeal determinations shall be based on the information and supporting documentation submitted with the application and shall be issued in accordance with §469.151 and §469.152 of the Act.

Source Note: The provisions of this §68.31 adopted to be effective August 31, 2023, 48 TexReg 4642