Rule 290-2-5-.22 - Waivers and Variances(1) The department may, in its discretion, grant waivers and variances of specific rules upon application or petition being filed by an institution.(2) The department may grant a variance or waiver to a rule when an institution demonstrates that the purpose of the underlying statute upon which the rule is based can be or has been achieved by other specific means and that strict application of the rule would create a substantial hardship. For purposes of this rule, a substantial hardship means a significant, unique, and demonstrable economic, technological, legal, or other type hardship which impairs the ability to continue to function as a child caring institution.(3) Variance and waiver applications submitted to the department shall include, but are not limited to the following:(a) The rule from which a variance or waiver is requested;(b) The type of action requested (i.e. granting of waiver or variance);(c) Specific facts detailing substantial hardship which would justify the variance or waiver;(d) Alternative standards which the requestor agrees to meet with a showing that alternative standards will provide adequate protection for health, safety, and welfare; and(e) The reason why a variance or waiver would serve the purpose of any underlying law.(4) The institution must implement and comply with any terms and conditions established by the department in order to operate under any waiver or variance granted.(5) Variances or waivers shall not be sought or authorized when the granting of a waiver or variance would be harmful to public health, safety, or welfare or contrary to state law provisions.Ga. Comp. R. & Regs. R. 290-2-5-.22
O.C.G.A. §§ 50-13-9.1, 49-5-8, 49-5-12.
Original Rule entitled "Waivers and Variances" adopted. F. Jun. 30, 1994; eff. Aug. 1, 1994, as specified by the Agency.Repealed: New Rule entitled "Emergency Orders" adopted. F. Sept. 6, 2006; eff. Sept. 26, 2006.Repealed: New Rule entitled "Waivers and Variances" adopted. F. June 5, 2007; eff. June 25, 2007.Repealed: New Rule of same title adopted. F. Jan. 24, 2008; eff. Feb. 13, 2008.Amended: F. Dec. 7, 2020; eff. Jan. 1, 2021, as specified by the Agency.