Regulation .06 Waiver of Provisions.
Regulation .06 Waiver of Provisions.LinkCopy Citation
A.
The Secretary may waive any provision of this chapter if a center:
(1)
Experiences practical difficulties or unnecessary hardship in complying with the provisions of this chapter: and
(2)
Can demonstrate that granting a waiver will not adversely affect the health and safety of its participants.
B.
The licensee shall submit a written request to the Department to obtain a waiver. In the written request, the licensee shall address the following issues:
(1)
The regulation from which a waiver is sought;
(2)
The reason the licensee is unable to comply with the regulation;
(3)
The reason that compliance with the regulation will impose a substantial hardship; and
(4)
The reason that a waiver will not adversely affect participants care or services.
C.
The Department shall provide written approval of any waiver granted to a center, and the approval letter shall specify the effective time frame for the waiver.
D.
The Department shall review each waiver during the license renewal process.
E.
The Secretary may revoke a waiver at any time if:
(1)
A center violates any condition of the waiver; or
(2)
It appears to the Secretary that the health or safety of participants attending the center will be adversely affected by the continuation of the waiver.
F.
The revocation of a waiver may not be appealed.