Sec. 10.21.16.09. Waivers and Variances

A. Waivers. The Secretary may not waive the requirements of any regulation adopted under:

(1) This chapter;

(2) COMAR 10.21.17; or

(3) The chapter under this subtitle that outlines the requirements for a specific program.

B. Variances.

(1) A program that is approved under Regulation .08 of this chapter may apply for a variance.

(2) When a program is approved under Regulation .08 of this chapter, the Secretary may grant a variance for a regulation if the Secretary:

(a) Receives a written request from a program on the form required by the Administration; and

(b) Finds that the intent of the regulation to which a variance is sought is met by the alternative proposed by the program.

(3) The Secretary may not grant a variance that would endanger the health or safety of the individuals served.

(4) The Secretary may grant a variance that:

(a) Remains in effect for as long as the program continues to comply with the conditions under which the variance is granted; or

(b) Is time limited.

(5) The Secretary shall:

(a) Issue a written decision, including the reason or reasons for granting or not granting the variance;

(b) Send the decision to the:

(i) Program director;

(ii) CSA; and

(iii) Department's designated approval unit; and

(c) Enter the decision in the records of the Department.