470 Ind. Admin. Code 3.1-16-1

Current through January 8, 2025

Section 470 IAC 3.1-16-1 - Waiver process

Authority: IC 12-13-2-3; IC 12-13-5-3

Affected: IC 12-17-15

Sec. 1.

(a) When, under an unusual circumstance, an LPCC or a participating agency requests a waiver of this article, a written request must be submitted to the division which includes the following:

(1) The specific rule or provision for which a waiver is requested.

(2) The length of time for which a waiver is requested.

(3) Justification for the waiver request, including:

(A) the need;

(B) the circumstances; and

(C) the benefit; to the applicable county or to the children or families served.

(4) The projected fiscal or program implications.

(5) A plan for achieving compliance with the specified rule.

(b) The division shall review the request and issue a written determination within fifteen (15) days of the receipt of the request.

(c) Any waiver request will be approved for a period not to exceed one (1) year and may be renewed only if approved following a resubmission of the request.

(d) A waiver request shall not be approved if the request:

(1) would result in noncompliance with federal or state statutes or regulations; or

(2) jeopardizes any procedural safeguards or rights of confidentiality.

470 IAC 3.1-16-1

Division of Family Resources; 470 IAC 3.1-16-1; filed Jan 29, 1996, 5:15 p.m.: 19 IR 1353; 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-470130306RFA

Readopted filed 11/13/2019, 11:56 a.m.: 20191211-IR-470190490RFA