(1)The outcome of a fitness determination made pursuant to these rules is not subject to variance. Challenges to fitness determinations may only be made through contested case hearing rights set forth in these rules or alternative options available to Department employees.
(2)The Department may grant a variance based upon a demonstration by the Department program area or work unit that the variance would not pose a significant risk to the Department, its clients, or vulnerable individuals.
(3)The program office or work unit requesting a variance shall submit, in writing, an application to the BCU that 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)An explanation on how the safety and well-being of the Department or affected individuals will be ensured during the time the variance period is in effect.
(4)The Assistant Director or designee for the Department’s Administrative Services Division shall approve or deny the request for a variance.
(5)The Department shall notify the program office or work unit of the decision. This notice shall be sent within 30 calendar days of the receipt of the request by the Department with a copy to other relevant divisions of the Department.
(6)Appeal of the denial of a variance request shall be made in writing to the Department’s Director or designee, whose decision shall be final.
(7)The duration of the variance shall be determined by the Department’s Director or designee.
(8)The Department program office or work unit may implement a variance only after receipt of written approval from the Department.
(9)Granting a variance does not set a precedent for subsequent requests for variances.
Rule 407-007-0100 — Variances,