(a) Applicants or licensees seeking waivers of specific rules in He-P 822 shall submit a written request for a waiver to the commissioner that includes:
- (1) The specific reference to 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 alternatives proposed by the applicant or license holder, which shall be equally as protective of public health and clients as the rule from which a waiver is sought or provide a reasonable explanation why the applicable rule should be waived.
- (b) Waivers shall be permanent unless the department specifically places a time limit on the waiver.
(c) A request for waiver shall be granted if the commissioner determines that the alternative proposed by the applicant or licensee:
- (1) Meets the objective or intent of the rule;
- (2) Does not negatively impact the health, safety, or well-being of the clients; and
- (3) Does not negatively affect the quality of client services.
- (d) The licensee’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.
- (e) Waivers shall not be transferable.
- (f) When a licensee wishes to renew a non-permanent waiver beyond the approved period of time, the licensee 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 (a) above.
- (g) The request to renew a waiver shall be subject to (b) through (f) above.
Source. #9522, eff 7-25-09, EXPIRED: 7-25-17 New. #12504, INTERIM, eff 3-24-18, EXPIRED: 9-20-18 New. #12702, eff 1-3-19