Rule 111-8-53-.22 - Variance and Waiver(1) The Department may, in its discretion, grant variances and waivers of specific rules upon application or petition filed on forms provided by the Department. The Department may establish conditions which must be met by the program in order to operate under the variance or waiver granted. (a) Variance. A variance may be granted by the Department 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 patients exist and will be met in lieu of the exact requirements of the rule or regulations in question. The Department may require additional documentation by the program to support its application for a variance or waiver.(b) Waiver. The Department, in its discretion, 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 patients.Ga. Comp. R. & Regs. R. 111-8-53-.22
O.C.G.A. §§ 26-5-2et seq., 31-2-5, 31-2-7.
Original Rule entitled "Severability" adopted. F. Sep. 9, 2013; eff. Sept. 29, 2013.Repealed: New Rule entitled "Variance and Waiver" adopted. F. Feb. 15, 2018; eff. Mar. 7, 2018.