N.M. Admin. Code § 8.370.16.21 - WAIVERS AND VARIANCES
A.
Definitions: As used in this section:
(1)
waiver: means the grant of an exemption from a requirement of these
regulations;
(2) variance: means
the granting of an alternate requirement in place of a requirement of these
regulations.
B.
Requirements for waivers and variances: A waiver or variance may be granted if
the authority finds that the waiver or variance will not adversely affect the
health, safety, or welfare of any resident and that:
(1) strict enforcement of a requirement would
result in unreasonable hardship on the facility or on a resident;
(2) an alternative to a rule, including new
concepts, methods, procedures, techniques, equipment, personnel qualifications,
or the conducting of pilot projects, is in the interest of better care or
management.
C.
Applications:
(1) All applications for waiver
or variance from the requirements of these regulations shall be made in writing
to the authority, specifying the following:
(a) the rule 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 alternative action which the facility proposes;
(d) the reasons for the request;
and
(e) justification that the goal
or purpose of the rule or regulations would be satisfied.
(2) Requests for a waiver or variance may be
made at any time.
(3) The authority
may require additional information from the facility prior to acting on the
request.
D. Grants and
denials:
(1) The authority at its discretion
shall grant or deny each request for waiver or variance in writing. A notice of
denials shall contain the reasons for denial.
(2) The terms of a requested variance may be
modified upon agreement between the authority and a facility.
(3) The authority may impose such conditions
on the granting of a waiver or variance which it deems necessary.
(4) The authority may limit the duration of
any waiver or variance.
(5) The
authority's action on a request for a waiver is not subject to administrative
appeal.
E. Revocation:
The authority may revoke a waiver or variance if:
(1) it is determined that the waiver or
variance is adversely affecting the health, safety or welfare of the
resident's; or
(2) the facility has
failed to comply with the variance as granted; or
(3) the licensee notifies the authority in
writing that it wishes to relinquish the waiver or variance and be subject to
the rule previously waived or varied;
(4) required by a change in law.
Notes
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