Variation of rule due to difficulties or hardship

Ark. Code Ann. § 11-2-113 — under Department of Labor and Licensing.

Ark. Code Ann. § 11-2-113

(a) If there shall be practical difficulties or unnecessary hardships in carrying out a rule of the Secretary of the Department of Labor and Licensing or his or her designee, the secretary or his or her designee may, after public hearing, make a variation from such requirement if the spirit of the rule and law shall be observed.

(b) Any person affected by the rule, or his or her agent, may petition the secretary or his or her designee for a variation, stating the grounds therefor.

(c) The secretary or his or her designee shall fix a day for a hearing on the petition and give reasonable notice to the petitioner.

(d) A properly indexed record of all variations made shall be kept in the office of the Division of Labor and open to public inspection.