1. (1) Policy. The department may grant a waiver of any requirement of this chapter when the department determines that granting a waiver would not diminish the effectiveness of the CSP, violate the purposes of the program, or adversely affect clients’ health and welfare. The department may not grant a waiver of clients’ rights under ch. DHS 94 or under other administrative rules, state statutes or federal regulations.
2. (2) Waiver. A CSP may submit a request to the department for a waiver of any requirement in this chapter, except a requirement specified under s. DHS 63.08 (1) (a).

3. (3) Application. An application for a waiver under sub. (2) shall be made in writing to the department and shall specify:

   1. The rule from which the waiver is requested;

   2. The time-period for which the waiver is requested;

   3. Any alternative action which the CSP proposes;

   4. The reason for the request; and

   5. Assurances that sub. (1) would be satisfied.

   Note: A request for a waiver should be addressed to the Behavioral Health Certification Section, Division of Quality Assurance, P.O. Box 2969, Madison, WI 53701-2969.

4. (4) Grant or denial.

   1. (a) The department may require additional information from the CSP before acting on a request for a waiver.
   2. (b) The department shall grant or deny each request for waiver in writing. Notice of denial shall contain the reasons for denial. If a notice of a denial is not issued within 60 days after the receipt of a complete request, the waiver shall be automatically approved.
   3. (c) The department may impose any conditions on the granting of a waiver which it deems necessary.
   4. (d) The department may limit the duration of a waiver.
   5. (e) The department’s decision to grant or deny a waiver shall be final.

History

History: Cr. Register, April, 1989, No. 400, eff. 5-1-89; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.