1. A. Any request for a variance must be submitted in writing. If the request is submitted subsequent to a finding of noncompliance in a certification audit, the request must be submitted within 10 business days of receiving the written report of the findings from the certification audit. All requests shall include:

   1. 1. The noncritical regulatory requirement for which a variance is requested;
   2. 2. The justification for the request;
   3. 3. Any actions taken to come into compliance;
   4. 4. The person responsible for such action;
   5. 5. The date at which time compliance is expected; and
   6. 6. The specific time period requested for this variance.
2. B. Documentation of any variance requests stemming from a finding of noncompliance in a certification audit shall be submitted along with the corrective action plan for correcting any deficiencies cited during the certification audit as provided for in 6VAC35-20-91.
3. C. A requested variance shall not be implemented prior to obtaining the approval of the board.
4. D. Requests for variances shall be placed on the agenda for consideration at the next regularly scheduled board meeting.
5. E. In issuing variances, the board shall specify the scope and duration of the variance.

Statutory Authority

§§ 16.1-233 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 23, eff. September 1, 2003; amended, Virginia Register Volume 29, Issue 26, eff. September 25, 2013.