A Community Supervision and Corrections Department (CSCD) or other state-aid recipient may request a waiver to a standard or standards from the Texas Department of Criminal Justice-Community Justice Assistance Division (TDCJ-CJAD) director. The TDCJ-CJAD director may grant a waiver upon receipt, examination and approval of the waiver request. The request for waiver shall include a plan to comply with the standard or standards by a certain date and an explanation why the CSCD is not currently in compliance with the standard or standards. When a determination has been made that the CSCD is not in compliance with a standard, the CSCD director shall immediately submit a written request for a waiver of the standard to the TDCJ-CJAD director. If the waiver is approved by the TDCJ-CJAD director, the waiver shall become part of the audit record for compliance with that standard.

Source Note:The provisions of this §163.5 adopted to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective April 17, 2008, 33 TexReg 2961.