10.07.14.09

.09 Licensure Standards Waiver.

A. The Department may grant an assisted living program a waiver from the licensure requirements of this chapter with, or without, conditions.

B. The Department may not, however, grant a waiver from the requirements of Regulation .22I of this chapter. If, however, two individuals having a long-term or otherwise significant relationship wish to be admitted to a program in order to reside in the program together, and one of the individuals requires care as defined in Regulation .22I of this chapter, the Department may grant a waiver consistent with the process established in Regulation .22 of this chapter.

C. Application for Licensure Standards Waiver.

(1) A licensee shall submit a request for a waiver under this regulation on a form developed by the Department.

(2) The requestor shall provide in writing:

(a) The regulation from which a waiver is sought;

(b) The reason the licensee is unable to comply with the regulation;

(c) The reason that compliance with the regulation will impose a substantial hardship; and

(d) The reason that a waiver will not adversely affect residents.

D. Evaluation of Application for Licensure Standards Waiver. In evaluating a waiver request submitted under this regulation, the Department shall review the statements in the application, and may:

(1) Inspect the assisted living program;

(2) Confer with the assisted living manager or designee; or

(3) Discuss the request with residents or their representatives to determine whether they believe a waiver is in the residents' best interest.

E. Grant or Denial of Licensure Standards Waiver.

(1) The Department may grant a waiver request if it determines that:

(a) Compliance with the regulation from which the waiver is sought cannot be accomplished without substantial hardship; and

(b) A waiver will not adversely affect residents.

(2) If the Department determines that the conditions of §E(1) of this regulation are not met, the Department shall deny the request for a waiver. The denial of a waiver may not be appealed.

F. Written Decision. The Department shall issue and mail to the applicant a final written decision on a waiver request submitted under §A of this regulation within 45 days from receipt of the request and all appropriate supporting information. If the Department grants the waiver, the written decision shall include the waiver's duration and any conditions imposed by the Department.

G. If an assisted living program violates any condition of the waiver, or if it appears to the Secretary that the health or safety of residents residing in the assisted living program will be adversely affected by the continuation of the waiver, a waiver may be revoked. The revocation of a waiver may not be appealed.