Sec. 10.12.04.06. Waiver of Provisions

A. The Secretary may waive any provision of this chapter if a center:

(1) Experiences practical difficulties or unnecessary hardship in complying with the provisions of this chapter: and

(2) Can demonstrate that granting a waiver will not adversely affect the health and safety of its participants.

B. The licensee shall submit a written request to the Department to obtain a waiver. In the written request, the licensee shall address the following issues:

(1) The regulation from which a waiver is sought;

(2) The reason the licensee is unable to comply with the regulation;

(3) The reason that compliance with the regulation will impose a substantial hardship; and

(4) The reason that a waiver will not adversely affect participants care or services.

C. The Department shall provide written approval of any waiver granted to a center, and the approval letter shall specify the effective time frame for the waiver.

D. The Department shall review each waiver during the license renewal process.

E. The Secretary may revoke a waiver at any time if:

(1) A center violates any condition of the waiver; or

(2) It appears to the Secretary that the health or safety of participants attending the center will be adversely affected by the continuation of the waiver.

F. The revocation of a waiver may not be appealed.