1. (a) Who May Request. Unless expressly prohibited by another standard, the juvenile board, chief administrative officer, or facility administrator, may make an application for waiver of any standard or standards adopted by the Commission. If the facility administrator or chief administrative officer makes the request for waiver, the facility administrator shall in writing notify the juvenile board of the request simultaneous with the request's submission to the Commission.

2. (b) Contents of Request. The written request for waiver shall:

   1. (1) explain why said standard or standards cannot be complied with immediately;
   2. (2) explain the impact the waiver if granted, would have on other standards; and
   3. (3) provide a plan to ensure compliance within a period not to exceed one year including where applicable how the health and safety of juveniles would be maintained during the duration of the waiver.
3. (c) Length of Waiver. Waivers granted by Commission staff under this section shall not exceed one year. The juvenile board may request one subsequent waiver.
4. (d) Review of Request. In the event a request for waiver is denied, the juvenile board, or facility administrator may request a review by the Commission. The review of the waiver request shall occur at the next regularly scheduled Commission meeting.

Source Note:The provisions of this §351.16 adopted to be effective September 30, 2002, 27 TexReg 7985.