<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".09" citation="COMAR 10.07.14.09" title_num="10" subtitle_num="07" chapter_num="14" heading="Licensure Standards Waiver.">
  <paragraph num="A.">
    <text>The Department may grant an assisted living program a waiver from the licensure requirements of this chapter with or without conditions.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The Department may not, however, grant a waiver from the requirements of Regulation .23A of this chapter. If, however, two individuals having a long-term or otherwise significant relationship wish to be admitted to a program in order to reside in the program together, and one of the individuals requires care as defined in Regulation .23A of this chapter, the Department may grant a waiver consistent with the process established in Regulation .24 of this chapter.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Application for Licensure Standards Waiver.</text>
    <paragraph num="(1)">
      <text>An assisted living program shall submit a request for a waiver under this regulation on a form developed and in the manner established by the Department.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The requestor shall provide in writing the:</text>
      <paragraph num="(a)">
        <text>Regulation from which a waiver is sought;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Reason the assisted living program is unable to comply with the regulation;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Reason that compliance with the regulation will impose a substantial hardship; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Reason that a waiver will not adversely affect residents.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Evaluation of Application for Licensure Standards Waiver. In evaluating a waiver request submitted under this regulation, the Department shall review the statements in the application, and may:</text>
    <paragraph num="(1)">
      <text>Inspect the assisted living program;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Confer with the assisted living manager or designee; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Discuss the request with residents or their representatives to determine whether they believe a waiver is in the residents’ best interest.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Grant or Denial of Licensure Standards Waiver.</text>
    <paragraph num="(1)">
      <text>The Department may grant a waiver request if it determines that:</text>
      <paragraph num="(a)">
        <text>Compliance with the regulation from which the waiver is sought cannot be accomplished without substantial hardship; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A waiver will not adversely affect residents.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If the Department determines that the conditions of §E(1) of this regulation are not met, the Department shall deny the request for a waiver. The denial of a waiver may not be appealed.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Written Decision.</text>
    <paragraph num="(1)">
      <text>The Department shall issue and mail to the applicant a final written decision on a waiver request submitted under §A of this regulation within 45 calendar days from receipt of the request and all appropriate supporting information.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the Department grants the waiver, the written decision shall include the waiver’s duration and any conditions imposed by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>If an assisted living program violates any condition of the waiver, or if it appears to the Secretary that the health or safety of residents residing in the assisted living program will be adversely affected by the continuation of the waiver, a waiver may be revoked. The revocation of a waiver may not be appealed.</text>
  </paragraph>
</regulation>