R432-2-19. Variances

  (1) A health facility may submit a request for agency action to obtain a variance from state rules at any time.

  (a) An applicant requesting a variance shall file a Request for Agency Action/Variance Application with the Utah Department of Health on forms furnished by the Department.

  (b) The Department may require additional information from the facility before acting on the request.

  (c) The Department shall act upon each request for variance in writing within 60 days of receipt of a completed request.

  (2) A variance may be renewable or non-renewable. The licensee shall maintain a copy of the approved variance on file in the facility and make the copy available to all interested parties upon request.

  (a) The Department shall file the request and variance with the license application.

  (b) The terms of a requested variance may be modified upon agreement between the Department and the facility.

  (c) The Department may impose conditions on the granting of a variance as it determines necessary to protect the health and safety of the residents or patients.

  (d) The Department may limit the duration of any variance.

  (3) The Department shall issue a written notice of agency decision denying a variance upon determination that the variance is not justified.

  (4) The Department may revoke a variance if:

  (a) The variance adversely affects the health, safety, or welfare of the residents.

  (b) The facility fails to comply with the conditions of the variance as granted.

  (c) The licensee notifies the Department in writing that it wishes to relinquish the variance and be subject to the rule previously varied.

  (d) There is a change in the statute, regulations or rules.