14 Del. Admin. Code § 935-11.0 - Regulation Variance
11.1 An applicant or licensee shall comply with all regulations unless an applicant or licensee requests a variance from OCCL and receives written approval.
11.2 To request a variance, the applicant or licensee shall complete a variance request form (see Appendix III) describing how the applicant or licensee will meet the intent of a specific regulation in a different way from the way the regulation states. The change may not endanger the health, safety, or well-being of children in care.
11.3 OCCL's director or designee will approve or deny applicant or licensee's variance request in writing after receipt of the variance request.
11.4 The licensee shall keep the variance approval and make it available upon request. A variance is valid only for this licensee. If the licensee fails to comply with the variance, OCCL will withdraw the variance approval and require the licensee to comply as the regulation states.
11.5 A variance denial or withdrawal of approval may be appealed by requesting a conference with the Associate Secretary of Early Childhood Support within 5 business days of receiving the denial or withdrawal.
11.5.1 The conference shall be scheduled within 10 business days.
11.5.2 The decision of the Associate Secretary of Early Childhood Support is final.
Notes
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