Ala. Admin. Code r. 420-1-2-.09

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-1-2-.09 - Waivers Or Variances

(a) The State Health Officer or the Board may grant a waiver or variance from any rule, except that no waiver or variance may be granted for any provision that restates a statutory requirement or defines any term. "Waiver" or "variance" means that the application of a rule, or a particular provision of a rule, has been suspended for the time and/or in the manner specified by order of the Board or the State Health Officer. Waivers or variances may be of general application or apply only to specified persons or entities.

(b) Upon request of the staff of the Department of Public Health or on his or its own motion, the State Health Officer or the Board may grant a waiver or a variance to the application of any rule as to the public in general, when such waiver or variance is based upon a compelling public health need, or a threatened public health emergency, or the occurrence of an event or circumstance that makes strict compliance with a rule highly impractical or impossible.

(c) The State Health Officer shall report variances and waivers to the Board.

(d) A current or prospective licensee, permittee, or registrant directly affected by a provision of a rule may request a waiver or variance from said rule. To be considered for a waiver or variance, the licensee, permittee, or registrant must demonstrate the following:

(1) Conditions are such that the licensee, permittee, or registrant cannot meet the rule provision for which the waiver or variance is sought; and

(2) Approval of the waiver or variance will not unreasonably increase the risk of harm to the public or undermine the public health purpose furthered by the rule.

(e) An application for waiver or variance must be presented in writing to the State Health Officer or his duly authorized representative or as otherwise provided by rule. The application may be in letter format, but it must contain the following: the name, address, and phone number of the licensee, permittee, or registrant; a specific statement of the particular rule or rules for which a waiver or variance is sought; the period of time for which a waiver or variance is sought; and the specific information and evidence supporting the request. Documentary evidence may be attached to the application.

(f) Following receipt of a properly submitted and complete application for waiver or variance, the State Health Officer or the Board may grant the requested waiver or variance. The waiver or variance shall continue for the period of time stated. The State Health Officer or the Board may alter, amend or revoke the waiver or variance upon notice to the licensee, permittee, or registrant, whenever circumstances or conditions change or there is an amendment to the rule for which a waiver or variance was granted.

(g) An application for waiver or variance that does not comply with the requirements of this rule may be denied. If the application or supporting documents are discovered to be false or inaccurate, the application may be denied or if the waiver or variance has already been granted, it may be revoked.

(h) Waivers and variances are not favored actions, and may be granted only where, in the judgment of the State Health Officer or the Board, the conditions of this rule have been satisfied.

(i) The application to grant a waiver or variance is also subject to other rules of the Board in program specific areas. Except as otherwise provided by law or rule, where there is a conflict between the rules pertaining to program specific areas and the provisions of this rule, the provisions of this rule shall take precedence.

Ala. Admin. Code r. 420-1-2-.09

New Rule: Filed June 29, 2001; effective August 3, 2001. Repealed and New Rule: Filed February 21, 2007; effective March 28, 2007. Repealed and New Rule: Filed October 19, 2007; effective November 23, 2007.

Author: John R. Wible

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(6), 22-21-28.