Section 1120.60  Granting Variances

a)         The Secretary may grant variances from this Part in individual cases when he or she finds that:

1)         The provision from which the variance is granted is not statutorily mandated;

2)         No party will be injured by the granting of the variance; and

3)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

b)         The Secretary shall notify the appropriate committee or board of the granting of a variance and the reasons for that variance at the next meeting of the committee or board.

c)         This Part shall not apply to Department hearings conducted by administrative law judges.

(Source:  Amended at 41 Ill. Reg. 976, effective January 27, 2017)