Current through Register Vol. 35, No. 18, September 24, 2024
A.
Variances and waivers: At the licensing authority's sole discretion, an
applicant or licensee may be granted variances and waivers of these
regulations, provided the granting of such variance or waiver shall not
jeopardize the health, safety or welfare of the boarding home's residents and
staff and is not in violation of other applicable state and federal statutes
and regulations. Variances and waivers are non-transferrable. Waivers and
variances may be revoked at the discretion of the licensing authority due to
changes in state or federal regulations, or change of circumstances that may
jeopardy the health, safety or welfare of residents.
(1) All variances shall be in writing,
attached to the license. A variance is made at the discretion of the licensing
authority to allow a boarding home to deviate from a portion(s) or to modify a
provision of this rule for an unspecified period of time, unless otherwise
limited, and provided that the health, safety, or welfare of the residents and
staff are not in danger. All variances shall expire upon remodel of the
facility or change of ownership.
(2) All waivers shall be in writing, attached
to the license, is made at the discretion of the licensing authority to allow a
boarding home to deviate from a portion(s) or to modify a provision of this
rule for a limited and specified period of time, and shall be limited to the
term of the license. Upon renewal of a license, waivers shall only be extended
or continued at the sole discretion of the licensing authority.
B. Waiver/variance applications:
(1) All applications for waiver or variance
from the requirements of these regulations shall be made in writing to the
authority, specifying the following:
(a) the
rule from which the waiver or variance is requested;
(b) the time period for which the waiver or
variance is requested;
(c) if the
request is for a variance, the specific alternative action which the boarding
home proposes;
(d) the reasons for
the request; and
(e) justification
that the goal or purpose of the rule or regulations would be
satisfied.
(2) Requests
for a waiver or variance may be made at any time.
(3) The authority may require additional
information from the boarding home prior to acting on the request.
C. Grants and denials:
(1) The authority at its discretion shall
grant or deny each request for waiver or variance in writing. A notice of
denial shall contain the reasons for denial.
(2) The terms of a requested variance may be
modified upon agreement between the authority and a boarding home.
(3) The authority may impose such conditions
on the granting of a waiver or variance which it deems necessary.
(4) The authority may limit the duration of
any waiver or variance.
(5) The
authority's action on a request for a waiver is not subject to administrative
appeal.
D. Revocation:
The authority may revoke a waiver or variance if:
(1) it is determined that the waiver or
variance is adversely affecting the health, safety or welfare of the
resident's; or
(2) the boarding
home has failed to comply with the variance as granted; or
(3) the licensee notifies the authority in
writing that it wishes to relinquish the waiver or variance and be subject to
the rule previously waived or varied;
(4) required by a change in law.
