Rule 290-9-37-.33 - Variances and WaiversThe Department may, in its discretion, grant variances and waivers of specific rules upon application or petition filed on forms provided by the Department. The Department may establish conditions that must be met by the Community Living Arrangement in order to operate under the variance or waiver granted.
(a) Variance. A variance may be granted by the Department upon showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application of the rule would cause undue hardship. The applicant or petitioner must also show that adequate standards affording protection for the health, safety, care, and rights of the residents exist and will be met in lieu of the exact requirements of the rule or regulations in question.(b) Waiver. The Department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection for the health, safety, care, and rights of the residents.(c) Experimental variance or waiver. The Department may grant variances and waivers to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation that is the subject of the request are met and that the innovative approach has the potential to improve service delivery without compromising the health, safety, care, or rights of the residents or other relevant standards.Ga. Comp. R. & Regs. R. 290-9-37-.33
O.C.G.A. Secs. 31-7-1et seq., 37-1-22.
Original Rule entitled "Variances and Waivers" adopted. F. Oct. 24, 2002; eff. Nov. 13, 2002.