1. (a) Applicants or providers who request a waiver of a requirement in He-C 6340 shall submit a written request to the Administrator of Community and Family Support, which includes the following information:

   1. (1) The rule number for which the waiver is being requested;
   2. (2) The anticipated length of time the requested waiver will be needed;
   3. (3) The reason for requesting the waiver;
   4. (4) Assurance that if the waiver is granted the quality of services will not be affected;
   5. (5) A written plan to achieve compliance with the rule or a written plan explaining how the provider will satisfy the intent of the rule, if the waiver is granted; and
   6. (6) How the service will be affected if the waiver is not granted.

2. (b) A waiver shall be granted if:

   1. (1) The department concludes that authorizing deviation from compliance with the rule from which waiver is sought does not contradict the intent of the rule; and
   2. (2) The alternative proposed ensures that the object or intent of the rule will be accomplished.
3. (c) When a waiver is approved, the applicant’s or provider’s subsequent compliance with the alternative approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.
4. (d) The applicant or provider shall be notified in writing by the department of the waiver decision.

Source. (See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16 (from He-C 6340.17)