1. (a) A waiver of a requirement of this chapter may be requested as specified in procedures published by the Department.

2. (b) A waiver may be granted by the Department if the waiver:

   1. (1) Does not alter the applicability, scope or purpose of this chapter.
   2. (2) Is based on evidence, supplied by the requesting agency, that the objective of the requirement will be achieved in another way.
   3. (3) Is based on evidence, supplied by the requesting agency, that a waiver will have no adverse effect on the health, safety and rights of children.
   4. (4) Does not violate or condone noncompliance with Federal statute or regulation, State statute or State regulation other than the requirement of this chapter for which the waiver is approved.
   5. (5) Does not jeopardize receipt of Federal moneys.

Authority

The provisions of this § 3140.5 issued under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. § § 201—211, 701—774, 901—922 and 1001—1080).

Source

The provisions of this § 3140.5 adopted January 23, 1987, effective January 24, 1987, 17 Pa.B. 392.