Regulation .09 Waivers and Variances.

Waivers. The Secretary may not waive the requirements of any regulation adopted under:

(1)

This chapter;

(2)

COMAR 10.21.17; or

(3)

The chapter under this subtitle that outlines the requirements for a specific program.

Variances.

(1)

A program that is approved under Regulation .08 of this chapter may apply for a variance.

(2)

When a program is approved under Regulation .08 of this chapter, the Secretary may grant a variance for a regulation if the Secretary:

(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.

(3)

The Secretary may not grant a variance that would endanger the health or safety of the individuals served.

(4)

The Secretary may grant a variance that:

(a)

Remains in effect for as long as the program continues to comply with the conditions under which the variance is granted; or

(b)

Is time limited.

(5)

The Secretary shall:

(a)

Issue a written decision, including the reason or reasons for granting or not granting the variance;

(b)

Send the decision to the:

(i)

Program director;

(ii)

CSA; and

(iii)

Department's designated approval unit; and

(c)

Enter the decision in the records of the Department.