PURPOSE: This rule establishes the procedure for a facility director to request a variance from any portion of the rules of this chapter.

1. (1) Any facility owner or designee may request a variance from a rule. The request for a variance shall be submitted in writing to the department and shall include the rule(s) for which a variance is requested and the reason(s) for the request. The department shall approve any variance request that does not endanger the health or safety of the children served by the facility. Local inspectors may grant a variance, subject to approval by the department.
2. (2) If a variance request is not approved by the department, the facility owner or designee shall be advised in writing of the basis for the denial. The facility owner or designee may request a review of the decision by the Commissioner of Education (commissioner) of the department or designee within thirty
3. (30) calendar days of receipt of notification of the denial. The commissioner or designee shall have fifteen (15) business days to make the final determination on the variance request. That determination is subject to Chapter 536, RSMo, review for licenseexempt facilities.

AUTHORITY: section 161.092, RSMo 2016, and section 210.252, RSMo Supp. 2021.* This rule was previously filed as 19 CSR 40- 60.040. Original rule filed Dec. 1, 1994, effective July 30, 1995. Changed to 19 CSR 30-60.040 July 30, 1998. Emergency amendment filed March 1, 2000, effective March 11, 2000, expired Sept. 6, 2000. Amended: Filed March 1, 2000, effective Aug. 30, 2000. Moved to 5 CSR 25-300.120, effective Aug. 30, 2021. Amended: Filed Oct. 6, 2021, effective May 30, 2022. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 210.252, RSMo 1993, amended 1999, 2019, 2020, 2021.