Md. Code Regs. 10.12.04.06

Current through Register Vol. 51, No. 21, October 18, 2024

Section 10.12.04.06 - Waiver of Provisions

A. The Secretary may waive any provision of this chapter if center:

(1) Experiences practical difficulties or unnecessary hardship in complying with the provisions of this chapter: and

(2) Can demonstrate that granting a waiver will not adversely affect the health and safety of its participants.

B. The licensee shall submit a written request to the Department to obtain a waiver. In the written request, the licensee shall address the following issues:

(1) The regulation from which a waiver is sought;

(2) The reason the licensee is unable to comply with the regulation;

(3) The reason that compliance with the regulation will impose a substantial hardship; and

(4) The reason that a waiver will not adversely affect participants care or services.

C. The Department shall provide written approval of any waiver granted to a center, and the approval letter shall specify the effective time frame for the waiver.

D. The Department shall review each waiver during the license renewal process.

E. The Secretary may revoke a waiver at any time if:

(1) A center violates any condition of the waiver; or

(2) It appears to the Secretary that the health or safety of participants attending the center will be adversely affected by the continuation of the waiver.

F. The revocation of a waiver may not be appealed.

Md. Code Regs. 10.12.04.06

Regulations .06A amended effective July 11, 1980 (7:14 Md. R. 1350)
Regulations .06 amended effective November 13, 1989 (16:22 Md. R. 2365)
Regulations .06 adopted effective November 23, 2006 (33:23 Md. R. 1795)
Regulations .06 Amended effective 41:12 Md. R. 668, eff.12/13/2014