1. A. Any request for a variance shall be submitted in writing to the department and shall include:

   1. 1. Justification why enforcement of the regulation would create an undue hardship;
   2. 2. How the facility can comply with the intent of the regulation; and
   3. 3. Justification why resident care would not be adversely affected if the variance was granted.
2. B. A variance shall not be implemented prior to approval of the department.

Statutory Authority

§§ 37.2-203 and 37.2-408 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 21, eff. August 6, 2009.