When deciding whether to grant a waiver or variance, we consider:

1. (1) Whether the minimum standard is ineligible for a waiver or variance as outlined in §745.8303 of this subchapter (relating to What minimum standards are ineligible for a waiver or variance?);
2. (2) The risk to children if your operation or foster home does not meet the standard;
3. (3) The compliance history of your operation, including past and current enforcement actions;
4. (4) Any waivers or variances currently in effect;
5. (5) Your permit status, including if you are an applicant or have an initial license;
6. (6) Whether your operation is on heightened monitoring;
7. (7) Any economic factors or other constraints affecting your ability to comply;
8. (8) If the request is for a foster home, the additional factors for a foster home as required by §745.8315 of this subchapter (relating to What additional factors does Licensing consider when deciding whether to grant a waiver or variance for a foster home?); and
9. (9) Any other factor relevant to your request or operation that we identify.

Source Note:The provisions of this §745.8313 adopted to be effective October 16, 2023, 48 TexReg 5739.