N.Y. Comp. Codes R. & Regs. tit. 18 § 413.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 413.6 - Waivers

(a) A written waiver of one or more non-statutory requirements of this Part or of Part 414, 416, 417 or 418 may be issued by the office to an applicant or a licensee or registrant at the time of application or subsequent to the issuance of a license or registration. Licensees or registrants must operate in full compliance with the regulations at all times prior to the issuance of a written waiver.

(b) An applicant or licensee or registrant must submit to the office a written request for a waiver on forms provided by the office, or approved equivalents. This written application must include:

(1) the specific regulation for which a waiver is sought;

(2) the reason the waiver is necessary; and

(3) a description of what will be done to achieve or maintain the intended purpose of the regulation and to protect the health, safety and well-being of children.

(c) The office may require the applicant, licensee or registrant to make physical plant modifications or adopt special methods or procedures to protect the health, safety and well-being of children before a waiver is granted pursuant to this subdivision.

(d) Written approval for a waiver will be granted only upon a determination by the office that the proposed waiver will not adversely affect the health, safety or well-being of children, and that the purpose of the regulation which is waived will be met. Waivers may be time limited, at the discretion of the office.

(e) Failure to adhere to the terms of the waiver will result in rescission of the waiver and may constitute sufficient cause for the office to deny, revoke, suspend or limit a license or registration.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 413.6

Amended New York State Register June 3, 2020/Volume XLII, Issue 22, eff.6/3/2020