1. A. Waivers. The Secretary may not waive the requirements of any regulation adopted under:

   1. (1) This chapter;
   2. (2) COMAR 10.21.17; or
   3. (3) The chapter under this subtitle that outlines the requirements for a specific program.

2. B. Variances.

   1. (1) A program that is approved under Regulation .08 of this chapter may apply for a variance.

   2. (2) When a program is approved under Regulation .08 of this chapter, the Secretary may grant a variance for a regulation if the Secretary:

      1. (a) Receives a written request from a program on the form required by the Administration; and
      2. (b) Finds that the intent of the regulation to which a variance is sought is met by the alternative proposed by the program.
   3. (3) The Secretary may not grant a variance that would endanger the health or safety of the individuals served.

   4. (4) The Secretary may grant a variance that:

      1. (a) Remains in effect for as long as the program continues to comply with the conditions under which the variance is granted; or
      2. (b) Is time limited.

   5. (5) The Secretary shall:

      1. (a) Issue a written decision, including the reason or reasons for granting or not granting the variance;

      2. (b) Send the decision to the:

         1. (i) Program director;
         2. (ii) CSA; and
         3. (iii) Department's designated approval unit; and
      3. (c) Enter the decision in the records of the Department.

Authority: Health-General Article, §§7.5-205, 10-901, and 10-902, Annotated Code of Maryland

Effective date: January 2, 1995 (21:26 Md. R. 2187)

Chapter revised effective October 5, 1998 (25:20 Md. R. 1529)

Regulations .01 — .12 repealed and new Regulations .01 — .16 adopted effective January 14, 2008 (35:1 Md. R. 19)

Regulation .04C amended effective March 13, 2017 (44:5 Md. R. 292)