(1) The division director, OL director, or the director's designee, may grant a variance after determining that a variance is not likely to:
- (a) compromise client health and safety; or
- (b) provide an opportunity for abuse, neglect, exploitation, harm, mistreatment, or fraud.
- (2) The provider may not deviate from any rule before receiving written approval signed by the OL director or the director's designee.
- (3) A provider seeking a variance shall submit a written request to OL on an OL-approved variance request form.
- (4) The provider must submit a variance request at least 30 days before the proposed start date unless the provider documents a need to expedite the request.
- (5) The provider shall sign the approved variance and comply with the terms of the written variance, including any conditions or modifications contained within the approved written variance.
- (6) If the variance is still needed, the provider must request renewal for a variance 30 days before the variance expires.
KEY: licensing, human services, health care facility, child care
Date of Last Change: May 8, 2025
Authorizing, and Implemented or Interpreted Law: 26B-2-104; 26B-2-202; 26B-2-402; 26B-2-703