26 Tex. Admin. Code § 564.402
Variances
Effective Sep 1, 200429 TexReg 2020Source Note: The provisions of this §564.402 adopted to be effective September 1, 2004, 29 TexReg 2020; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8842; transferred effective April 30, 2024, as published in the Texas Register April 5, 2024, 49 TexReg 2197.Texas Secretary of State
- (a) The Commission's executive director or designee may grant a temporary variance to a facility or group of facilities.
(b) To be eligible for a variance, a facility shall show:
- (1) an alternative method is used to meet the intent of the rule; and
- (2) the variance will not jeopardize the health, safety, or welfare of clients or compromise substance abuse services.
- (c) The Commission's executive director or designee will determine if an alternative is equivalent to the written rule and when it will be accepted during licensure reviews.
- (d) A variance cannot be granted for a statutory requirement.
- (e) The grounds for, and term of, the variance shall be set forth in writing.
Source Note:The provisions of this §564.402 adopted to be effective September 1, 2004, 29 TexReg 2020; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8842; transferred effective April 30, 2024, as published in the Texas Register April 5, 2024, 49 TexReg 2197.