A. Waivers. The Administration may not grant waivers of:
(1) The requirements of any regulation adopted under this subtitle; or
(2) Any accreditation standard.
(1) If a program is licensed under this chapter, the Administration may grant a variance for a regulation if the Administration:
(a) Receives a written request from a program on the form required by the Administration; and
(b) Finds that the intent of the regulation to which a variance is sought is met by the alternative proposed by the program.
(2) Any variance granted by the Administration shall:
(a) Remain in effect for as long as the program continues to comply with the conditions under which the variance is granted; or
(b) Be time-limited.
(3) The Administration may not grant a variance:
(a) That would endanger the health or safety of the individuals served; or
(b) For any accreditation standard.
(4) The Administration shall:
(a) Issue a written decision on the request for a variance, including the reason or reasons for granting or not granting the variance;
(b) Send the decision to the:
(i) Program director;
(ii) CSA, LAA, or LBHA, as appropriate; and
(iii) Departmentís designated approval unit; and
(c) Enter the decision in the records of the Administration.