048-8 Wyo. Code R. §§ 8-2 - Waiver of Standards or Regulations
(a) The board
chairman of the program may request the Administrator to waive a particular
regulation or standard if at the time of the initial application for
certification or at any other time, the program finds that a particular
regulation or standard does not apply to it because it is not compatible with
the manner in which the program functions to provide services. The request
shall be in writing and shall give the following information:
(i) The particular regulation or standard
that is incompatible with the program functions and why it is
incompatible;
(ii) All operational
systems which function to meet the intent or purposes of the regulation or
standard; and
(iii) Documentation
that the waiver of the regulation or standard, if granted, will not diminish
the quality of services given by the program.
(b) The Administrator shall review the
request for a waiver and the information submitted with the request and shall
notify the board chairman of the program of his decision within thirty (30)
days of the request for the waiver.
(c) The Administrator may grant a waiver of
the particular standard or regulation with respect to a program if the
Administrator determines:
(i) That immediate
compliance with the particular standard or regulation would create an undue
hardship on the program; and
(ii)
That temporary noncompliance with the particular standard or regulation would
not substantially impair the quality of services provided by the
program.
(d) Prior to or
as a condition to granting a waiver under this section, the Administrator may:
(i) Establish schedules or time lines setting
forth time limits during which the program shall achieve compliance with the
standard or regulation which is waived;
(ii) Require the program to submit a written
plan to the Administrator setting forth proposed methods of achieving
compliance with the standard or regulation;
(iii) Set a time limit on the effective
duration of the waiver; or
(iv)
Solicit public comment concerning the proposed waiver.
(e) No waiver granted pursuant to this
section shall be construed to affect in any way the responsibility of any
program to comply with any other applicable legal requirement or standard of
the Division.
(f) If the waiver is
granted, the program will then be certified with the type of certification
clearly indicated on the face of the certificate.
Notes
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