1. A. Waivers. The Administration may not grant waivers of:

   1. (1) The requirements of any regulation adopted under this subtitle; or
   2. (2) Any accreditation standard.

2. B. Variances.

   1. (1) If a program is licensed under this chapter, the Administration may grant a variance for a regulation if the Administration:

      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.

   2. (2) Any variance granted by the Administration shall:

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

   3. (3) The Administration may not grant a variance:

      1. (a) That would endanger the health or safety of the individuals served; or
      2. (b) For any accreditation standard.

   4. (4) The Administration shall:

      1. (a) Issue a written decision on the request for a variance, 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, LAA, or LBHA, as appropriate; and
         3. (iii) Department’s designated approval unit; and
      3. (c) Enter the decision in the records of the Administration.

Authority: Health-General Article, §§7.5-204, 8-402, 8-404, and 10-901, Annotated Code of Maryland

Effective date: July 1, 2016 (43:10 Md. R. 585)

Regulation .10G adopted effective February 27, 2017 (44:4 Md. R. 255)