Section 470 IAC 3-1.1-49 - Variances and waiversAuthority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 49.
(a) The CDFC may grant a variance to a rule if an applicant for a license or a licensee:(1) submits to the COFC a written request for the variance in the form and manner specified by the CDFC; and(2) documents that an alternative method of compliance approved by the CDFC will not be adverse to the health, safety, or welfare of any child receiving services.(b) The CDFC may grant a waiver of a rule if an applicant for a license or a licensee: (1) submits to the COFC a written request for the waiver in the form and manner specified by the CDFC;(2) documents that compliance with the rule specified in the application for the waiver will create an undue hardship on the applicant for the waiver, as determined by the CDFC;(3) documents that the applicant for the waiver will be in substantial compliance with the rules adopted by the CDFC after the waiver is granted as determined by the CDFC; and(4) documents that noncompliance with the rule specified in the application for a waiver will not be adverse to the health, safety, or welfare of any child receiving services from the applicant for the waiver, as determined by the CDFC.(c) The CDFC shall issue a decision on a variance or waiver within sixty (60) days.(d) Violation of a condition of a variance or a waiver granted under this section may be grounds for denial or revocation of the variance or waiver.Division of Family Resources; 470 IAC 3-1.1-49; filed Nov 14, 1991, 1:00 p.m.: 15 IR 503; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3071; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFAReadopted filed 11/13/2019, 11:56 a.m.: 20191211-IR-470190490RFA