1. (1) The superintendent may submit a written request to the department to be granted a variance from a provision of this chapter if:

   1. (a) Strict enforcement of the rule would result in unreasonable hardship for administration of the facility; and
   2. (b) The variance would provide equivalent or better protection for the health, safety, rights, and welfare of youth and the public.
2. (2) In all cases, there is a presumption that strict compliance with this chapter shall be required and the responsibility to provide commensurate justification for a variance rests with the requestor.

3. (3) At a minimum, any request for a variance must include:

   1. (a) The applicable provision of this chapter for which a variance is sought.
   2. (b) A description of the request and commensurate justification.
   3. (c) Any additional information requested by the department.
4. (4) No variance may be granted to minimum space requirements for youth housing areas under s. DOC 346.09 (3) (a), (b), (c), and (d).
5. (5) The department shall send a decision letter to the superintendent subsequent to reviewing the request. The department may impose specific conditions including reasonable time limits on a variance in order to protect the health, safety, rights, and welfare of youth and the public.
6. (6) Violation of any condition of a variance by the facility constitutes a violation of this chapter. Upon finding that there has been a violation of a condition of a variance, the department may revoke the variance and require strict enforcement of the rule.
7. (7) Any granted variance does not establish a precedent.

History

History: CR 24-065: cr. Register July 2025 No. 835, eff. 8-1-25; correction in (4) made under s. 35.17, Stats., Register July 2025 No. 835.