55 Pa. Code § 3680.5 - Waivers
(a) A waiver of a
requirement of this chapter may be requested, by the legal entity, as specified
in procedures established by the Department.
(b) Approval to waive a requirement of this
chapter may be granted if the Department has determined that the need for the
waiver is not due to simple noncompliance with this chapter, and the approval:
(1) Does not alter the applicability, scope
or purpose of this chapter.
(2) Is
based on evidence, which shall be supplied by the legal entity, that the
objective of the requirement is being met in another way.
(3) Is based on evidence, which shall be
supplied by the legal entity, that a waiver will have no adverse effect on the
health, safety and rights of a child.
(4) Does not violate or condone noncompliance
with Federal statutes or regulations, Commonwealth statutes and regulations
other than the requirement of this chapter for which the waiver is
approved.
(5) Does not jeopardize
receipt of Federal monies.
(6) Is
not contrary to a provision in this chapter which may specifically disallow the
waiver of a certain requirement.
Notes
The provisions of this § 3680.5 amended under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. §§ 201-211, 701-774, 901-922 and 1001-1080).
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