- (a) The commissioner shall issue a written approval or denial of a waiver request to the applicant within 60 days of receipt of the request.
- (b) Upon a finding of good cause, the commissioner shall approve a waiver of licensure for the period set forth in the plan for compliance pursuant to Saf-C 5905.01(e).
- (c) A waiver of licensure shall be considered as a fulfillment of the licensing requirements only for the period specified in the waiver.
(d) The commissioner shall deny the waiver request if, after reviewing the material submitted in Saf-C 5905.02 above, it is determined that:
- (1) Granting the request shall result in the waiver circumventing the rule for which the waiver was requested;
- (2) The unit or provider shall be unable to meet the needs of the patient(s) or community; or
- (3) The health or safety of the patient(s) or community shall be jeopardized.
- (e) A decision by the commissioner to deny a waiver request shall be final.
Source. (See Revision Note #1 and Revision Note #2 at Chapter heading for Saf-C 5900) #12790, effective 5-24-19