Utah Admin. Code R432-2-19 - [Repealed]
Notes
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(1) A licensee may submit a request for agency action to obtain a variance from state rules.
(a) An applicant requesting a variance shall file a request for agency action or license application with the department on forms or format furnished by the department.
(b) The department may require additional information from the facility before acting on the request.
(c) The department may take up to 60 days to issue a determination on a variance request.
(2) A variance may be renewable or non-renewable, as indicated by the department on the variance form. The licensee shall provide a copy of the approved variance to any interested party upon request.
(a) Only upon agreement between the department and the facility, the terms of a variance request may be modified.
(b) The department may impose conditions on the granting of a variance as it determines necessary to protect the health and safety of the residents or patients.
(c) The department may limit the duration of any variance.
(3) The department shall issue a written notice of the reason for an agency decision denying a variance upon determination that the variance is not justified or adversely affects the health, safety, or welfare of the residents.
(4) The department may revoke a variance if:
(a) the variance adversely affects the health, safety, or welfare of the residents;
(b) the licensee fails to comply with the conditions of the variance as granted;
(c) the licensee notifies the department in writing that they wish to relinquish the variance and be subject to the rule previously varied; or
(d) there is a change in the statute, regulations, or rules.