Ga. Comp. R. & Regs. R. 591-1-1-.39 - Waivers and Variances
The Department may, at its discretion, grant waivers and variances of specific rules upon application or petition being filed on forms provided by the Department. The Department may establish conditions which must be met by the Center in order to operate under the waiver or variance granted. Waivers and variances may be granted in accordance with the following considerations:
(a) Variance. A
variance may be granted upon a showing by the applicant or petitioner that the
particular rule or regulation that is the subject of the variance request
should not be applied as written because strict application of the rule would
cause undue hardship. The applicant or petitioner must also show that adequate
standards affording protection for the health, safety and care of the children
exist and will be met in lieu of the exact requirements of the rule or
regulation in question.
(b) Waiver.
The Department may dispense entirely with the enforcement of a rule or
regulation by granting a waiver upon a showing by the applicant or petitioner
that the purpose of the rule or regulation is met through equivalent standards
affording equivalent protection for the health, safety and care of the
children.
(c) Experimental Variance
or Waiver. The Department may grant waivers and variances to allow
experimentation and demonstration of new and innovative approaches to delivery
of services upon a showing by the applicant or petitioner that the intended
protections afforded by the rule or regulation which is the subject of the
request are met and that the innovative approach has the potential to improve
service delivery.
Notes
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