(1)Criteria for a variance. Variances may be granted to a facility if there is a lack of resources to implement the standards required in this rule or if implementation of the proposed alternative services, methods, concepts or procedures would result in services or systems that meet or exceed the standards in these rules.
(2)Variance application. The facility requesting a variance shall submit, in writing, an application to the Division which contains the following:
(a)The section of the rule from which the variance is sought;
(b)The reason for the proposed variance;
(c)The alternative practice, service, method, concept or procedure proposed;
(d)A plan and timetable for compliance with the section of the rule from which the variance is sought; and
(e)Signed documentation from the council indicating its position on the proposed variance.
(3)Division review. The Assistant Administrator or designee of the Division shall approve or deny the request for a variance.
(4)Notification. The Division shall notify the facility of the decision. This notice shall be given to the facility, with a copy to the council, within 30 days of the receipt of the request by the Division.
(5)Appeal application. Appeal of the denial of a variance request shall be made in writing to the Administrator of the Division, whose decision shall be final.
(6)Written approval. The facility may implement a variance only after written approval from the Division. The Intergovernmental Agreement shall be amended to the extent that the variance changes a term in that agreement.
(7)Duration of variance. A variance shall be reviewed by the Division at least every 2 years.
Rule 309-033-0650 — Variances,