5 CSR 25-500.230 - Variance Request
(1) Any
provider may request a variance from a rule. The request for a variance shall
be submitted in writing to the department and shall include the rule(s) for
which a variance is requested and the reason(s) the provider requests the
variance. The department shall approve any variance request that does not
endanger the health or safety of the children served by the facility .
(2) If a variance request is not approved by
the department , the provider shall be advised in writing of the basis for the
denial. The provider may request a review of the decision by the commissioner
within thirty (30) calendar days of receipt of notification of the denial. The
commissioner or designee shall have fifteen (15) business days to make the
final determination on the variance request. That determination is subject to
Chapter 536, RSMo, review for licensed facilities.
Notes
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PURPOSE: This amendment updates terms and clarifies how providers may request a rule variance and review of a variance denial.
(1) Any provider may request a variance from a rule. The request for a variance shall be submitted in writing to the department and shall include the rule(s) for which a variance is requested and the reason(s) the provider requests the variance. The department shall approve any variance request that does not endanger the health or safety of the children served by the facility .
(2) If a variance request is not approved by the department , the provider shall be advised in writing of the basis for the denial. The provider may request a review of the decision by the commissioner within thirty (30) calendar days of receipt of notification of the denial. The commissioner or designee shall have fifteen (15) business days to make the final determination on the variance request. That determination is subject to Chapter 536, RSMo, review for licensed facilities.