Section DHS 85.04 - Waivers and variances(1) DEFINITIONS. In this section: (a) "Variance" means the granting of an alternate requirement in place of a requirement of this chapter.(b) "Waiver" means the granting of an exemption from a requirement of this chapter.(2) REQUIREMENTS FOR WAIVERS AND VARIANCES. The department may grant a waiver or variance of a requirement of this chapter to the corporate guardian if the department finds that the waiver or variance will not adversely affect the health, safety, or welfare of any ward and meet any of the following conditions: (a) Strict enforcement of a requirement would result in unreasonable hardship on the ward.(b) An alternative to a requirement, including a new concept, method, procedure or technique, other equipment, other personnel qualifications, or the conducting of a pilot project, is in the interests of better care or management.(3) APPLYING FOR A WAIVER OR VARIANCE. A corporate guardian may apply for a waiver or variance at any time. Each request shall be made in writing to the department and include all of the following: (a) The rule provision from which the waiver or variance is requested.(b) The time period for which the waiver or variance is requested.(c) If the request is for a variance, the specific proposed alternative action. (d) The reasons for the request.(e) Justification that a requirement under sub. (2) would be satisfied.(f) Any other information requested by the department.(4) DEPARTMENT DECISION. (a) The department shall grant or deny each request for waiver or variance in writing. A notice of denial shall contain the reasons for denial. If a notice of denial is not issued within 60 days after the receipt of a complete request, the waiver or variance shall be automatically approved.(b) The terms of a requested variance may be modified upon agreement between the department and the corporate guardian.(c) The department may impose conditions on the waiver or variance which it deems necessary. (d) The department may limit the duration of a waiver or variance.(5) HEARINGS. (a) Denial of a request for a waiver or variance may be contested by requesting a hearing as provided by ch. 227, Stats.(b) The applicant shall sustain the burden of proving that the denial of a waiver or variance was unreasonable.(6) REVOCATION. The department may revoke a waiver or variance for any of the following reasons:(a) The department determines that the waiver or variance is adversely affecting the health, safety or welfare of the wards.(b) The guardian has failed to comply with the waiver or variance as granted.(c) The guardian notifies the department in writing of the desire to relinquish the waiver or variance and be subject to the requirement previously waived or varied. (d) Revocation is required by a change in law.Wis. Admin. Code Department of Health Services DHS 85.04
CR 09-061: cr. Register May 2010 No. 653, eff. 6-1-10.