.06 Waiver and Variances.

A. Upon written request by the program, the Director shall issue a written decision which may:

(1) Grant a variance or waiver from a regulation if the:

(a) Variance or waiver would not endanger the life or safety of a patient in a program; or

(b) Intent of the regulation to which a variance or waiver is sought meets the alternative proposed by the program; or

(2) Deny the variance or waiver.

B. The Director may grant a variance or waiver that:

(1) Remains in effect for as long as the program continues to comply with the conditions under which the variance or waiver is granted; or

(2) Is time limited.

C. The program is responsible for maintaining a copy of the decision in its certification file.