1. A. When submitting an application for an initial, renewal, or amended license, the licensing agency may recommend the waiver of a non-safety licensing requirement for an applicant or foster parent who will be providing only kinship care, as defined under R21-6-101(36) if compliance with the non-safety requirement would be a hardship on the applicant or foster parent. The recommendation for a waiver shall include:

   1. 1. The specific rule to be considered for waiver by the OLR;
   2. 2. The reason compliance would be a hardship;
   3. 3. Any proposed alternative compliance with the rule requirement, including pictures or diagrams that depict any physical requirement to be waived; and
   4. 4. Justification that waiving the licensing requirement will not compromise the safety of a foster child.
2. B. The licensing agency shall submit the waiver request only on forms supplied by OLR.
3. C. OLR shall consider the waiver of a non-safety licensing requirement on a case-by-case basis.
4. D. An applicant or foster parent shall base a waiver request on a licensing requirement and the needs of the foster child. OLR shall not grant a waiver request because it would be inconvenient for the foster parent or applicant to comply with a licensing requirement.

Historical Note

New Section made by final exempt rulemaking at 21 A.A.R. 3479, effective January 24, 2016 (Supp. 15-4).