Current through Register Vol. 41, No. 3, September 23, 2024
A. The licensee or
applicant shall make a written request for consideration of an allowable
variance. The department's licensing representative may provide consultation to
the applicant or licensee in the development of the written request and
throughout the allowable variance process.
1.
The licensee or applicant shall describe the special hardship to the existing
program or to a planned innovative or pilot program that will be caused by the
enforcement of the requirement or requirements.
2. The licensee or applicant shall propose
alternatives to meet the purpose of the requirement that will ensure the
protection and well-being of persons in care.
3. The licensee or applicant shall obtain,
when requested by the department, the opinions of professionals in the field or
documented research, or both, that the proposed activities, facilities, or
equipment are not injurious to persons in care.
4. The department can authorize allowable
variances only to its own licensing standards, not to regulations of another
agency or to any requirement in federal, state, or local laws.
B. The department's licensing
representative will notify the petitioning applicant or licensee of the
department's decision.
C. Approval.
1. The department may attach conditions to
the granting of the allowable variance in order to protect persons in
care.
2. Allowable variances are
conditional upon there being no change in the circumstances that were the basis
for the approval. Any allowable variance may be rescinded or modified if needs
or conditions change; additional information becomes known that alters the
basis for the original decision; the applicant or licensee fails to meet any
conditions attached to the allowable variance; or results of the allowable
variance jeopardize the safety, comfort, or well-being of persons in
care.
3. Allowable variances expire
automatically when there is a change in the facility's location or a change in
the sponsorship of the facility or agency.
Allowable variances issued to private child placing
agencies are transferable when agencies change location.
4. The department's licensing representative
will review each allowable variance at least annually. At minimum, this review
shall address the impact of the allowable variance on persons in care,
adherence to any conditions attached, and the continuing need for the allowable
variance.
D. Denial.
1. When the decision is to deny a request for
an allowable variance, the reason will be provided in writing to the applicant
or licensee.
2. When a request for
an allowable variance is denied, it may be reconsidered if the applicant or
licensee submits another written request and provides new or additional
supporting information within 30 days of denial.
NOTE: After the 30-day period, the applicant or licensee
may submit a new allowable variance request describing changed
conditions.
3. The
department will reconsider the new request and the additional information and
will notify the applicant or licensee of the decision within 30 days of receipt
of the second request. This decision will be considered final and is not
appealable.
E. When an
allowable variance is denied, expires, or is rescinded, routine enforcement of
the standard or portion of the standard shall be resumed.
F. The applicant or licensee may at any time
withdraw a request for an allowable variance.
Statutory Authority: §§ 63.2-217. 63.2-1732,
63.2-1733, and 63.2-1734 of the Code of
Virginia.
