6 Colo. Code Regs. § 1015-3-5-14

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1015-3-5-14 - Waivers

14.1 The Department may grant a waiver of a rule if the applicant satisfactorily demonstrates:

14.1.1 The proposed waiver does not adversely affect the health and safety of a patient; and

14.1.2 In the particular situation, the requirement serves no beneficial purpose; or

14.1.3 Circumstances indicate that the public benefit of waiving the requirement outweighs the public benefit to be gained by strict adherence to the requirement.

14.2 To apply for a waiver, the applicant must submit a completed application in the form and manner determined by the Department. The application shall contain the following information:

14.2.1 The text or substance of the regulation that the applicant wants waived;

14.2.2 The nature and extent of the relief sought;

14.2.3 Any facts, views and data available to support the waiver, including an explanation of why the application satisfies the criteria set forth in section 14.1.

14.3 An application shall not be considered complete until the required information is submitted.

14.4 The completed waiver application shall be submitted to the Department in a timely fashion as specified by the Department.

14.5 The application and supporting information shall be a matter of public record and is subject to disclosure under the Colorado Open Records Act (§ 24-72-200.1et seq., C.R.S.)

14.6 The Department may also consider any other information it deems relevant, including but not limited to complaint investigation reports, compliance history, including in other states, related to the applicant.

14.7 Waivers are generally granted for a limited term and shall be granted for a period no longer than the license term. Waivers cannot be granted for any statutory requirement under state or federal law, or for requirements under local codes or ordinances.

6 CCR 1015-3-5-14

37 CR 12, June 25, 2014, effective 5/21/2014

37 CR 12, June 25, 2014, effective 7/15/2014

37 CR 22, November 25, 2014, effective 12/15/2014

38 CR 24, December 25, 2015, effective 1/14/2016

40 CR 10, May 25, 2017, effective 7/1/2017

40 CR 20, October 25, 2017, effective 1/1/2018

40 CR 21, November 10, 2017, effective 1/1/2018

41 CR 23, December 10, 2018, effective 1/14/2019

43 CR 22, November 25, 2020, effective 1/1/2021

44 CR 23, December 10, 2021, effective 12/30/2021

45 CR 10, May 25, 2022, effective 6/14/2022