1. Upon written application, and good cause shown to the satisfaction of the department, the department may grant a variance from the provisions of this chapter upon terms the department may prescribe, except no variance may permit or authorize a danger to the health or safety of residents and no variance may be granted except at the discretion of the department.

2. A facility may request excess maintenance cost variance specific to a resident need beyond the difficulty of care rate upon terms the department may prescribe. No variance may be granted except at the discretion of the department.

3. A refusal to grant a variance is not subject to a request for review or an appeal.

History: Effective November 1, 1985; amended effective March 1, 1999; July 1, 2014; October 1, 2021.

General Authority: NDCC 50-06-16, 50-11-03

Law Implemented: NDCC 50-06-05.1, 50-11-03.2