Md. Code Regs. 13A.18.03.08

Current through Register Vol. 52, No. 1, January 10, 2025

Section 13A.18.03.08 - Variances

A. The office may grant a variance to a regulation under this subtitle:

(1) If the safeguards to a child's health, safety, or well-being are not diminished;

(2) When the provider presents clear and convincing evidence that the regulation is met by an alternative which complies with the intent of the regulation; and

(3) For a limited period of time as specified by the office, or for as long as the registration remains in effect and the provider continues to comply with the terms of the variance.

B. Within 30 calendar days of receiving a completed request for a variance, the office shall notify the provider that the variance has been granted or denied.

C. If a variance request is denied by a regional office of the Agency:

(1) The provider may appeal the denial to the Agency's central office; and

(2) The Agency's central office has the final determination of whether or not a variance is granted.

Md. Code Regs. 13A.18.03.08