1. (a) An applicant or certificate holder may request a waiver of a specific provision of He-A 304, in writing, from the department.

2. (b) A request for a waiver shall include:

   1. (1) A specific reference to the rule for which a waiver is being sought;
   2. (2) A full description of why a waiver is necessary; and
   3. (3) A full explanation of alternatives proposed by the applicant or certificate holder, which shall be equally as protective of clients as the rule from which a waiver is sought or provide a reasonable explanation why the applicable rule should be waived.
3. (c) A waiver shall be permanent unless the department specifically places a time limit on the waiver.
4. (d) No provision or procedure prescribed by statue shall be waived.

5. (e) A request for a waiver shall be granted if the department determines that the alternative proposed by the requestor:

   1. (1) Meets the objective or intent of the rule;
   2. (2) Does not negatively impact the health, safety, or well-being of clients; and
   3. (3) Does not negatively affect the quality of OTP services.
6. (f) The requestor’s subsequent compliance with the alternative provisions or procedures approved in the waiver shall be considered equivalent to complying with the rule for which the waiver was sought.
7. (g) Waivers shall not be transferable.
8. (h) When a certificate holder wishes to renew a non-permanent waiver beyond the approved period of time, the certificate holder shall apply for a new waiver with the renewal application or at least 60 days prior to the expiration of the existing waiver, as appropriate, by submitting the information required by (b) above.
9. (i) The request to renew a waiver shall be subject to (b) through (f) above.

Source. #7496, eff 5-23-01; ss by #9476, eff 5-22-09 (from He-A 304.11); ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17 New. #12476, eff 2-16-18 (from He-A 304.19)