Iowa Admin. Code r. 481-41.5

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 481-41.5 - Waivers

Waivers from these rules may be granted by the director of the department:

1. When the need for a waiver has been established; and

2. When there is no danger to the health, safety, welfare or rights of any child.

The waiver will apply only to a specific PMIC.

Waivers shall be reviewed at the time of each licensure survey by the department to determine continuing need.

(1) To request a waiver, the licensee must:

a. Apply in writing on a form provided by the department;

b. Cite the rule or rules from which a waiver is desired;

c. State why compliance with the rule or rules cannot be accomplished;

d. Explain how the waiver is consistent with the individual program plans; and

e. Demonstrate that the requested waiver will not endanger the health, safety, welfare or rights of any child.

(2) Upon receipt of a request for waiver, the director shall:

a. Examine the rule from which the waiver is requested;

b. Evaluate the requested waiver against the requirement of the rule to determine whether the request is necessary to meet the needs of the children; and

c. Examine the effect of the requested waiver on the health, safety or welfare of the children.

Iowa Admin. Code r. 481-41.5

Amended by IAB June 16, 2021/Volume XLIII, Number 26, effective 7/21/2021