A. The Secretary may waive any provision of this chapter if a center:
(1) Experiences practical difficulties or unnecessary hardship in complying with the provisions of this chapter: and
(2) Can demonstrate that granting a waiver will not adversely affect the health and safety of its participants.
B. The licensee shall submit a written request to the Department to obtain a waiver. In the written request, the licensee shall address the following issues:
(1) The regulation from which a waiver is sought;
(2) The reason the licensee is unable to comply with the regulation;
(3) The reason that compliance with the regulation will impose a substantial hardship; and
(4) The reason that a waiver will not adversely affect participants care or services.
C. The Department shall provide written approval of any waiver granted to a center, and the approval letter shall specify the effective time frame for the waiver.
D. The Department shall review each waiver during the license renewal process.
E. The Secretary may revoke a waiver at any time if:
(1) A center violates any condition of the waiver; or
(2) It appears to the Secretary that the health or safety of participants attending the center will be adversely affected by the continuation of the waiver.
F. The revocation of a waiver may not be appealed.