8VAC20-821-70: Variances

A. Any demonstration of hardship or request for a variance shall be made to the superintendent and shall be in writing on a form prescribed by the superintendent. The request for a variance shall include the following:

1. The specific standard for which the applicant or licensee is requesting a variance;

2. A detailed description of the substantial programmatic or financial hardship that will be caused by the applicant or licensee's compliance with the standard for which the variance is requested; and

3. The proposed alternative to the standard that will protect the safety and well-being of the children in care.

B. When requested by the superintendent, the applicant or licensee requesting the variance shall obtain additional information to substantiate either (i) that compliance with the standard will cause substantial programmatic or financial hardship or (ii) that the proposed alternative to the standard will protect the safety and well-being of the children in care. The additional information may include the opinions of professionals in the field, research, or studies.

C. The superintendent may attach conditions to a variance upon approval.

D. A variance may be rescinded or modified upon a change in the facts on which the superintendent relied in granting the variance.

E. A variance is not transferable between persons.

F. The superintendent shall review each approved variance at least annually.

G. An applicant or licensee shall not make the programmatic change for which the variance was requested [ before receiving written approval from the superintendent. Initiating the programmatic change before receiving approval for the requested variance may be grounds for denying the request for the variance and may constitute grounds for adverse action.