Ohio Admin. Code 3701-17-26 - Variances
(A) The director
may grant a variance from the requirements of rules
3701-17-01 to
3701-17-26 of the Administrative Code as will not be contrary to the public
interest, where the operator shows that because of practical difficulties or
other special conditions, their strict application will cause unusual and
unnecessary hardship. However, no variance shall be granted:
(1) That will defeat the spirit and general
intent of these rules, adversely affect the health or safety of the residents,
or otherwise not be in the public interest; or
(2) For a requirement that is mandated by
statute.
(B) A request
for a variance from the requirements of rules
3701-17-01 to
3701-17-26 of the Administrative Code shall be made in writing to the director,
specifying the following:
(1) The rule
requirement for which the variance is requested;
(2) The time period for which the variance is
requested;
(3) The specific
alternative action which the nursing home proposes;
(4) The reason for the request; and
(5) An explanation of the anticipated effect
granting of the variance will have on residents.
(C) The director shall notify the operator,
in writing, of the director's determination regarding a variance request
and of a revocation of a granted variance.
The director may establish conditions that the nursing home shall meet for a
variance to be operative,
and a time frame for which the variance
will be effective, or both .
The director shall provide the nursing home with an
opportunity for an informal hearing concerning the denial of a variance request
or a revocation of a granted variance, if requested by the operator within
thirty days of the mailing of the notice of denial or revocation, but the
nursing home shall not be entitled to a hearing under Chapter 119. of the
Revised Code. The informal hearing shall be held within thirty days of the
request unless both parties agree otherwise. If the director proposes to deny
or revoke a license because the nursing home is in violation of a rule for
which a variance was denied or revoked, the director shall afford the nursing
home a hearing in accordance with Chapter 119. of the Revised
Code.
(D)
The director shall notify the operator, in writing, of
the director's determination to revoke a granted variance. The director
may revoke a variance if the director determines that:
(1) The variance is adversely affecting the
health and safety of the residents;
(2) The nursing home has failed to comply
with the variance as granted;
(3)
The operator or administrator notified the department that the owner or
administrator wishes to relinquish the variance; or
(4) The variance conflicts with a statutory
change thus rendering the variance invalid.
(E)
The refusal of
the director to grant or revoke a variance or waiver, in whole or in part,
shall be final and shall not be construed as creating any rights to a hearing
under Chapter 119. of the Revised Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3721.04
Rule Amplifies: 3721.04
Prior Effective Dates: 3/1/71, 12/21/92, 10/20/01
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.