1. (a) Applicants or providers who request a waiver of a requirement in He-C 6349 shall submit a written request to the commissioner or his or her designee that includes the following information:

   1. (1) The reason for requesting the waiver;
   2. (2) The anticipated length of time the requested waiver will be needed;
   3. (3) Assurance that if the waiver is granted the quality of service and care to children, youth and families will not be affected;
   4. (4) A written plan to achieve compliance with the rule or explaining how the provider will satisfy the intent of the rule, if the waiver is granted; and
   5. (5) 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 and shall not affect the health and safety of the child.
3. (c) When a waiver is approved, the applicant or provider shall be considered in compliance with the rule from which waiver was sought.

Source. (See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17