§ 82024. Waivers and Exceptions.

(a) Unless prior written licensing agency approval is received as specified in Section 82024(b), all licensees shall maintain continuous compliance with the licensing regulations.

(b) The licensing agency shall have the authority to approve the use of alternate concepts, programs, services, procedures, techniques, equipment, space, personnel qualifications or staffing ratios, or the conduct of experimental or demonstration projects under the following circumstances:

(1) Such alternatives shall be carried out with provisions for safe and adequate services, and shall in no instance be detrimental to the health and safety of any program client.

(2) The applicant or licensee shall submit to the licensing agency a written request for a waiver or exception, with substantiating evidence supporting the request.

(3) The licensing agency shall provide written approval or denial of the request.

(c) Within 30 days of receipt of a request for a waiver or an exception, the licensing agency shall notify the applicant or licensee, in writing, of one of the following:

(1) The request with substantiating evidence has been received and accepted for consideration.

(2) The request is deficient, needing additional information as described for the request to be acceptable and a time frame for submitting this information.

(A) Failure of the applicant or licensee to submit the requested information within the time specified shall result in denial of the request.

(d) Within 30 days of the licensing agency's acceptance of a completed request for a waiver or an exception, the licensing agency shall notify the applicant or licensee, in writing, whether the request has been approved or denied.

HISTORY

1. New section filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).

Note

Note: Authority cited: Sections 1530 and 1530.1, Health and Safety Code. Reference: Sections 1501, 1509 and 1531, Health and Safety Code; and Section 15376, Government Code.