Section 29-6212. VARIANCES  


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    6212.1The facility may submit a written request for a variance to the applicable licensing agency. The facility shall include documentation sufficient to establish that the facility's procedures comply with the intent of this Chapter.

     

    6212.2The applicable licensing agency may approve a variance to any requirement contained in this Chapter upon showing of hardship and manifest public need, provided that the variance is not deleterious to the residents' health, safety, or welfare.

     

    6212.3A variance shall remain in effect for no longer than the duration of the license.

     

    6212.4The applicable licensing agency shall review and either grant or deny an application for a variance. The applicable licensing agency shall notify the facility in writing of the decision to grant or deny an application for a variance, including a statement of the grounds for the decision and notification of the facility's right to a fair hearing in accordance with 29 DCMR Chapter 59.

     

    6212.5The applicable licensing agency shall issue no variances to facilities owned or operated by the District of Columbia government.

     

    6212.6Upon approval of a request for a variance, the licensing agency shall mail the applicant a copy of the variance. The licensing agency shall keep copies of the variance on file.

     

    6212.7Variances shall be made available to the public, upon request.

     

source

Final Rulemaking published at 48 DCR 8675, 8691 (September 21, 2001).