Sec. 10.01.13.04. Department Action on Application for Variance

A. Upon consideration of an application for variance, the Secretary may grant the request for a variance, if the:

(1) Applicant has submitted an application in accordance with the provisions of Regulation .03 of this chapter;

(2) Applicant has complied with all other applicable licensing regulations of the Department; and

(3) Secretary determines that the alternative procedure proposed by the applicant shall:

(a) Meet or produce the intended effect of the regulation, and

(b) Maintain the health, safety, and well-being of children in the facility at or above the level required by the regulation at issue.

B. The determination of the Secretary upon the application for variance shall be in writing, and mailed to the applicant within 60 days of the date the application for variance is received by the Department.

C. If granted, the variance may remain in effect for the term of the license and may be renewed upon application of the licensee when the license is renewed.