<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 10.01.13.04" title_num="10" subtitle_num="01" chapter_num="13" heading="Department Action on Application for Variance.">
  <paragraph num="A.">
    <text>Upon consideration of an application for variance, the Secretary may grant the request for a variance, if the:</text>
    <paragraph num="(1)">
      <text>Applicant has submitted an application in accordance with the provisions of Regulation .03 of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Applicant has complied with all other applicable licensing regulations of the Department; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Secretary determines that the alternative procedure proposed by the applicant shall:</text>
      <paragraph num="(a)">
        <text>Meet or produce the intended effect of the regulation, and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Maintain the health, safety, and well-being of children in the facility at or above the level required by the regulation at issue.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The determination of the Secretary upon the application for variance shall be in writing, and mailed to the applicant within 60 days of the date the application for variance is received by the Department.</text>
  </paragraph>
  <paragraph num="C.">
    <text>If granted, the variance may remain in effect for the term of the license and may be renewed upon application of the licensee when the license is renewed.</text>
  </paragraph>
</regulation>