Legal Definitions - dispensation

A dispensation refers to a formal permission or exemption granted to someone, allowing them to bypass a specific law, rule, duty, or penalty that would ordinarily apply to them. It is essentially an official waiver or a special allowance to do something that is generally prohibited or to be excused from an obligation.

Here are some examples to illustrate this concept:

• Imagine a professional licensing board that requires all applicants to have completed a specific number of supervised practice hours. If an applicant has exceptional experience from another jurisdiction that doesn't perfectly align with the board's exact hour requirements but demonstrates equivalent competency, the board might grant a dispensation. This would allow that particular applicant to be licensed despite not meeting the standard supervised hour count, recognizing their unique circumstances and qualifications.

  This illustrates a dispensation as an exemption from a standard rule or duty, granted due to specific circumstances.

• Consider a local government ordinance that prohibits the construction of any structure over three stories tall within a certain historic district to preserve its architectural character. A developer proposes building a new cultural center that is designed to be four stories, arguing that its unique architectural significance and public benefit outweigh the height restriction. If the city council reviews the proposal and formally approves the taller building for this specific project, they are granting a dispensation from the height limit ordinance.

  Here, the dispensation is permission to do something (build a taller structure) that is ordinarily forbidden by a local law.

• In some religious organizations, there might be strict rules regarding marriage, such as requiring both partners to be members of the faith. If a devout member wishes to marry someone who is not a member but has strong moral character and a commitment to supporting their spouse's faith, they might petition the religious authority for a dispensation. If granted, this would allow them to proceed with the marriage, making an exception to the usual marital requirements for their specific situation.

  This example shows a dispensation as an exemption from a religious law or duty, granted under particular circumstances.