Rule 7 – Variances
Effective January 31, 2016

(a)	The Board may, upon sufficient cause shown, authorize variances to persons who are otherwise required to meet the requirements of these rules.

(b)	To request a variance, an applicant must submit a written petition to the Director, fully explaining all relevant facts. Any person seeking a temporary or permanent variance has the burden of establishing that:

(I)	The variance is consistent with the basic purposes and policies of § 24-
31-301, et seq., C.R.S.; and

(II)	Strict application of the statutes and rules pertaining to the certification process would present a practical difficulty or unnecessary hardship. Mere inconvenience or expense does not suffice.

(c)	The Director, in his discretion, may determine the merits of the request based upon the applicant’s written submissions, or may request additional information, or may hold a meeting.

(d)	Any variance granted under this rule shall be subject to such limitations or conditions as the Director or Board deems necessary in order to conform to the basic purposes and policies of applicable law.

(e)	If any determination made by the Director pursuant to this rule is not appealed by the applicant within thirty (30) days pursuant to Rule 5(c), such determination shall become final. If a determination is appealed by the applicant, the Board will decide whether to hear the appeal at its next regular meeting. If at least six (6) Board members do not agree to hear the appeal, the determination of the Director shall be deemed to be summarily affirmed. If at least six (6) members do agree to hear the appeal, the Board shall proceed to
the merits of the matter. Any summary affirmance or decision on the merits by the Board shall be deemed final agency action.

(f)	In accordance with § 24-31-303(5)(a) and § 24-31-305(1)(a)(III), C.R.S., no person may, through a variance or otherwise, serve as a certified peace officer, as defined in § 16-2.5-102, C.R.S., without having first passed the required certification examination and become certified.