<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 13A.17.03.08" title_num="13A" subtitle_num="17" chapter_num="03" heading="Variances.">
  <paragraph num="A.">
    <text>An office may grant a variance to a regulation under this subtitle:</text>
    <paragraph num="(1)">
      <text>If the safeguards to a child's health, safety, or well-being are not diminished;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>When the operator presents clear and convincing evidence that the regulation is met by an alternative which complies with the intent of the regulation; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>For a limited period of time as specified by the office, or for as long as the letter of compliance remains in effect and the operator continues to comply with the terms of the variance.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Within 30 calendar days of receiving a completed request for a variance, the office shall notify the operator that the variance has been granted or denied.</text>
  </paragraph>
  <paragraph num="C.">
    <text>If a variance request is denied by a regional office of the Agency:</text>
    <paragraph num="(1)">
      <text>The operator may appeal the denial to the Agency's central office; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Agency's central office has the final determination of whether or not a variance is granted.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>A variance to sanitary facility requirements that is granted pursuant to COMAR 13A.17.05.08B does not apply to any subsequent additions or enlargements to the child care facility.</text>
  </paragraph>
</regulation>