N.J. Admin. Code § 13:92-2.4

Current through Register Vol. 56, No. 16, August 19, 2024

Section 13:92-2.4 - Variance

(a) If, in the enforcement of these rules, the Commission finds that to require a particular detention facility to comply strictly with one or more of the provisions of these rules is unreasonable, and it is shown clearly and convincingly to the Commission that compliance will result in undue hardship to the programs or goals and services, and if the detention facility is in substantial compliance with these rules and its general purpose and intent and, in addition, it complies with such specific conditions as the Commission may deem necessary for the protection of the health, safety, and welfare of juveniles, a variance may be granted specifically and in writing by the Commission.

1. An application for a variance stating the specific facts or reasons for the request shall be made in writing to the Commission.

2. The Commission shall grant a variance only if it is presented with convincing evidence that the variance is necessary and justified.

3. The Commission may periodically review and reevaluate the continuing necessity and justification for the variance.

N.J. Admin. Code § 13:92-2.4

Amended by R.2000 d.189, effective 5/1/2000.
See: 32 New Jersey Register 651(a), 32 New Jersey Register 1627(a).
Rewrote the section.