Section 5-A106. WAIVER

 

106.1 OSSE, may waive compliance with one or more provisions in this chapter, if OSSE determines, upon clear and convincing evidence the following:

 

(a) The demonstrated immediate economic impact or hardship on the Facility or staff member is sufficiently great to make immediate compliance impractical despite diligent efforts;

 

(b) The Facility or staff member is meeting or exceeding the intent of the regulation for which the waiver is requested; and

 

(c) The health and welfare of staff and children are not jeopardized as alternative means have been put in place that ensure the health, safety, and welfare of children and staff.

 

106.2 A Child Development Facility licensed (“Licensee”), required to be licensed, or applying for a license may apply for a waiver by submitting a written request to OSSE that shall include the following:

 

(a) Name, address of the Facility, and its assigned license number;

 

(b) Citation of the rule for which a waiver is being sought;

 

(c) The waiver sought;

 

(d) Proof of immediate economic impact or hardship on the Facility or staff member;

 

(e) Proof that the intent of the specific regulation shall be achieved in a manner other than that prescribed by the regulation and that the health, safety, and welfare of children in care will be preserved;

 

(f) All other relevant information regarding the alleged hardship; and

 

(g) Any other evidence OSSE may reasonably require.

 

106.3 OSSE shall respond to the request for a waiver, in writing, within thirty (30) days of receipt of the request.

 

106.4 Any waiver granted shall be posted at the Facility in the vicinity of the posted license and available on request.

 

106.5 Any waiver is issued at the discretion of OSSE and may be revoked by OSSE at any time, either upon violation of any condition attached to it, or upon the determination of OSSE that continuance of the waiver is no longer in the best interest of children in its care.

 

106.6 Noncompliance with the terms of the waiver shall void the waiver, require the site to comply with the regulation that had been waived, and may be the basis of additional enforcement action.

 

 

authority

Sections 3(b)(6A), 3(b)(9), 3(b)(9A), 3(b)(11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(6A), (b)(9), (b)(9A), and (b)(11)) (2012 Repl. & 2016 Supp.)); the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code §§ 4-401 et seq. (2012 Repl. & 2016 Supp.)) (“Day Care Act”); Mayor’s Order 2009-3, dated January 15, 2009; the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code §§ 7-2031 et seq. (2012 Repl.)) (“Facilities Act”); Mayor’s Order 2009-130, dated July 16, 2009; Sections 503 and 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 7-863.03 and 7-863.04 (2012 Repl.)); Mayor’s Order 2009-167, dated September 28, 2009; Titles I and II of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (“CYSHA”), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq. and §§ 4-1501.01 et seq. (2012 Repl. & 2016 Supp.)); and the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-281 et seq. (2016 Supp.)); and pursuant to the Social Security Act, approved February 22, 2012 (Pub.L. 112-96; 42 U.S.C. § 618(c)); the Child Care and Development Block Grant Act of 2014 (“CCDBG Act”), approved November 19, 2014 (Pub.L. 113-186; 42 U.S.C. §§ 9858 et seq.), and regulations promulgated thereunder at 45 C.F.R. Parts 98 and 99.

source

Final Rulemaking at 63 DCR 14640 (December 2, 2016).