6310.1 CFSA may approve a variance upon a showing by an independent living program of hardship and manifest public need, except that a variance may not be approved if it would be deleterious to residents' health, safety, or welfare.

6310.2 A request for a variance shall be made to CFSA, and shall:

1. (a) Be in writing, using a form provided by CFSA;
2. (b) Set forth all relevant information concerning the specific variance sought and the reason for seeking the variance;
3. (c) Set forth all relevant information concerning the alleged hardship and manifest public need that requires the variance;
4. (d) Include documentation sufficient to establish that granting the variance would not be deleterious to residents' health, safety, or welfare;
5. (e) Include documentation sufficient to establish that the independent living program would continue to comply with the intent of this Chapter if the variance were granted;
6. (f) Contain any additional information required by CFSA; and
7. (g) Be accompanied by all relevant documentation and information.

6310.3 A variance shall remain in effect for the duration of the license.

6310.4 CFSA shall review a request for a variance and either grant or deny the request within sixty (60) days of receipt of the completed request.

6310.5 CFSA shall notify an applicant in writing of the decision to grant or deny a variance. The notice shall include:

1. (a) A statement of the grounds for the decision; and
2. (b) An explanation of the right to and the method of requesting a fair hearing.

6310.6 A variance may not be issued to an independent living program owned or operated by the District of Columbia government.

6310.7 If CFSA decides to grant the variance, it shall issue the variance within two (2) business days of its decision.

SOURCE: Final Rulemaking published at 49 DCR 1591 (February 22, 2002).