Rule 111-8-62-.32 - Variance and Waiver(1) The Department may, in its discretion, grant variances and waivers of specific rules upon application or petition filed on forms provided by the Department. The Department may establish conditions which must be met by the home in order to operate under the variance or waiver granted. (a)Variance. A variance may be granted by the Department upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application of the rule would cause undue hardship. The applicant or petitioner must also show that adequate standards affording protection for the health, safety, and care of the residents exist and will be met in lieu of the exact requirements of the rule or regulations in question. The Department may require additional documentation by the home to support its application for a variance or waiver.(b)Waiver. The Department, in its discretion, may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection for the health, safety, care, and rights of the residents.(c)Experimental Variance or Waiver. The Department may grant variances and waivers to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery without compromising health, safety, residents' rights, or other relevant standards.(2) The home may request a final review of the initial waiver or variance decision made by program staff to the chief of the division by filing a written request for review of the initial decision and providing any additional written information which supports the request for review. The chief of the division will issue a final decision on behalf of the Department. Where the governing body believes that the Department has abused its discretion in acting upon the waiver or variance request, it may seek appropriate relief.(3) Where the Department has denied the application for a waiver or variance in writing, the Department will not consider a subsequent application for the same waiver or variance as a new application unless the applicant includes new evidence of a substantial change in the circumstances which formed the basis for the initial request.Ga. Comp. R. & Regs. R. 111-8-62-.32
O.C.G.A. §§ 31-2-7, 31-7-2.1 and 31-7-12.
O.C.G.A. Secs. 31-2-7, 31-7-1, 31-7-2.1, 31-7-3, 31-7-12.
Original Rule entitled "Deemed Status" adopted. F. Nov. 19, 2009; eff. Dec. 9, 2009.Amended: New Title "Variance and Waiver". F. Dec. 19, 2012; eff. Jan. 8, 2013.