- (a) An applicant, community mental health program, facility, or the transitional housing services program, may request a waiver of specific rules in this part, in writing, from the department.
(b) A request for waiver shall include:
- (1) A specific reference to the section of the rule for which a waiver is being sought;
- (2) A full explanation of why a waiver is necessary; and
- (3) A full explanation of alternative provisions or procedures proposed.
- (c) No provision or procedure prescribed by statute shall be waived.
(d) A request for waiver shall be granted if the commissioner determines that the alternatives proposed meet the objective or intent of the rule and either:
- (1) Do not negatively impact the health or safety of the individual; or
- (2) Are administrative in nature, and do not affect the quality of individual care.
Source. #11191, eff 9-27-16