Section 22-B2008. VARIANCES

 

2008.1The Director may grant a variance from any of the requirements of the applicable statutes and the rules of this chapter, if the applicant can show undue hardship and the variance can satisfy the following conditions:

 

(a)It is not inconsistent with other statutory provisions;

 

(b)It is not deleterious to the public health and safety; and

 

(c)It would not have the effect of permitting a violation of other laws or regulations of the District of Columbia.

 

2008.2A facility requesting a variance shall submit in writing to the Director the following:

 

(a)The regulatory requirement(s) for which a variance from strict compliance is being requested;

 

(b)Specific justification as to why the facility cannot meet the requirement(s); and

 

(c)Alternative measures provided to ensure quality care and services consistent with the applicable statutes and this chapter.

 

2008.3The Director shall grant a variance only to the extent necessary to ameliorate an undue hardship and only when compensating factors are present to give adequate protection to the public health without impairing the intent and purpose of this chapter.

 

2008.4If the Director believes that the conditions in § 2008.1 are not met, the Director shall issue a written proposed denial together with advice to the applicant as to his or her right to a hearing on the matter which shall be conducted by the Office of Administrative Hearings in accordance with § 2013.

 

2008.5The Director shall maintain a record, to which the public shall have access through the Freedom of Information Act, of all variances granted. The record shall contain a complete written explanation of the basis for each variance.

 

2008.6If a variance is requested from standards established pursuant to § 5(a) (3) of the Act, the Director shall provide an opportunity to comment before a decision is made.

 

source

Notice of Final Rulemaking published at 55 DCR 8813 (August 15, 2008).