Missouri Code of State Regulations
Title 5 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
Division 25 - Office of Childhood
Chapter 300 - License-Exempt Child Care Facilities
Section 5 CSR 25-300.120 - Variance Requests
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment updates the term "bureau" to "department" and the phrase "owner or facility director" to "facility owner or designee" and updates details for how a variance should be requested and how to request review of a variance denial.
(1) Any facility owner or designee may request a variance from a rule. The request for a variance shall be submitted in writing to the department and shall include the rule(s) for which a variance is requested and the reason(s) for the request. The department shall approve any variance request that does not endanger the health or safety of the children served by the facility. Local inspectors may grant a variance, subject to approval by the department.
(2) If a variance request is not approved by the department, the facility owner or designee shall be advised in writing of the basis for the denial. The facility owner or designee may request a review of the decision by the Commissioner of Education (commissioner) of the department or designee within thirty (30) calendar days of receipt of notification of the denial. The commissioner or designee shall have fifteen (15) business days to make the final determination on the variance request. That determination is subject to Chapter 536, RSMo, review for license-exempt facilities.
