R501-1-7. Variances

  (1) A licensee shall not deviate from any administrative rule without first receiving written approval of a specific variance request signed by the Director of the Office, or the director's designee.

  (2) The director of the Office, or the director's designee, may grant a variance if the director or the Director's designee determines a variance is not likely to compromise client health and safety, or provide opportunity for abuse, neglect, exploitation, harm, mistreatment, or fraud.

  (3) A licensee seeking a variance must submit a written request to their licensing specialist, and specifically describe:

  (a) the rule for which the variance is requested;

  (b) the reason for the request;

  (c) how the variance provides for the best interest of the client(s);

  (d) what procedures will be implemented to ensure the health and safety of all clients; and

  (e) the proposed variance start and expiration dates.

  (4) The Office shall review the variance and notify the licensee of the approval, approval with modification, or denial of the variance, in writing, within 30 days.

  (5) The licensee shall comply with the terms of a written variance, including any conditions or modifications contained within the approved written variance.

  (6) A variance expires on the end date listed on the approval notice and terms of the variance are no longer permitted after that expiration date, unless a renewal of the variance is granted.

  (7) A variance may be renewed by the office when the program is able to justify the request, and ensure ongoing health and safety of all clients.