Regulation .08 Waivers and Variances.

Waivers. The Administration may not grant waivers of:

(1)

The requirements of any regulation adopted under this subtitle; or

(2)

Any accreditation standard.

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)

Department’s designated approval unit; and

(c)

Enter the decision in the records of the Administration.