10.63.06.08

.08 Waivers and Variances.

A. Waivers. The Administration may not grant waivers of:

(1) The requirements of any regulation adopted under this subtitle; or

(2) Any accreditation standard.

B. Variances.

(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.