Section 80024 - Waivers and Exceptions(a) Unless prior written licensing agency approval is received as specified in (b) below, all licensees shall maintain continuous compliance with the licensing regulations.(b) The licensing agency shall have the authority to approve the use of alternate concepts, programs, services, procedures, techniques, equipment, space, personnel qualifications or staffing ratios, or the contact of experimental or demonstration projects under the following circumstances: (1) Such alternatives shall be carried out with provisions for safe and adequate services, and shall in no instance be detrimental to the health and safety of any facility client.(2) The applicant or licensee shall submit to the licensing agency a written request for a waiver or exception, together with substantiating evidence supporting the request.(3) (See Manual of Policies and Procedures)(4) The licensing agency shall provide written approval or denial of the request.(c) Within 30 days of receipt of a request for a waiver or an exception, the licensing agency shall notify the applicant or licensee, in writing, of one of the following: (1) The request with substantiating evidence has been received and accepted for consideration.(2) The request is deficient, describing additional information required for the request to be acceptable and a time frame for submitting this information. (A) Failure of the applicant or licensee to comply within the time specified in (2) above shall result in denial of the request.(d) Within 30 days of receipt of an acceptable request for a waiver or an exception, the licensing agency shall notify the applicant or licensee, in writing, whether the request has been approved or denied.Cal. Code Regs. Tit. 22, § 80024
1. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations renumbering former section 80024 to section 80036, and renumbering Section 80025 to section 80024 filed 1-9-89 (Register 89, No. 3). For prior history, see Register 88, No. 2.
2. New subsections (c) and (d) filed 8-8-91; operative 9-9-91 (Register 91, No. 50).
3. Editorial correction relocating misplaced subsections (Register 97, No. 5). Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1509 and 1531, Health and Safety Code; and Section 15376, Government Code.
1. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations renumbering former section 80024 to section 80036, and renumbering Section 80025 to section 80024 filed 1-9-89 (Register 89, No. 3). For prior history, see Register 88, No. 2.
2. New subsections (c) and (d) filed 8-8-91; operative 9-9-91 (Register 91, No. 50).
3. Editorial correction relocating misplaced subsections (Register 97, No. 5).