216 R.I. Code R. § 216-RICR-40-10-17.9 - Variance Procedure, Practices and Procedures, and Severability
17.9.1
Variance Procedure
A. The licensing agency may grant a variance
either upon its own motion or upon request of the applicant from the provisions
of any Rule or Regulation in a specific case if it finds that a literal
enforcement of such provision will result in unnecessary hardship to the
applicant and that such variance will not be contrary to the public interest,
public health and/or health and safety of patients.
B. A request for a variance shall be filed by
an applicant in writing setting forth in detail the basis upon which the
request is made.
1. Upon the filing of each
request for variance with the licensing agency and within a reasonable time
thereafter, the licensing agency shall notify the applicant by certified mail
of its approval, or in the case of a denial, a hearing date, time and place may
be scheduled if the home nursing care provider or home care provider appeals
the denial.
17.9.2
Rules Governing Practices and
Procedures All hearings and reviews required under the provisions of
R.I. Gen. Laws Chapter 23-17 shall be held in accordance with the provisions of
Part 10-05-4 of this Title, Practices and Procedures Before the Rhode Island
Department of Health.
Notes
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