D.C. Mun. Regs. tit. 22, r. 22-B3501

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 22-B3501 - COMPLIANCE AND VARIANCES

3501.1

Each CRFPID that was licensed before the effective date of these regulations shall have one year to comply with the provisions herein.

3501.2

The Director may grant a variance from any of the requirements of these rules, if the applicant can show undue hardship and the variance can satisfy the following conditions:

(a) It is not inconsistent with other provisions of the Act;

(b) It is not deleterious to the public health and safety; and

(c) It would not have the effect of permitting a violation of other laws or regulations of the District of Columbia.

3501.3

A CRFPID requesting a variance shall submit in writing to the Director, the following:

(a) The regulatory requirement(s) for which a variance from strict compliance is being requested;

(b) Specific justification as to why the CRFPID cannot meet the requirement(s); and

(c) Alternative measures provided to ensure quality care and services consistent with these rules.

3501.4

The Director shall grant a variance only to the extent necessary to ameliorate an undue hardship and only when compensating factors are present to give adequate protection to the public health without impairing the intent and purpose of these rules.

3501.5

If the Director determines that the applicant has not justified undue hardship, he or she shall issue a written proposed denial advising the applicant as to his or her right to a hearing by the Office of Administrative Hearings (OAH) in accordance with OAH rules.

3501.6

The Director shall maintain a record, open to inspection by the public, of all variances granted. The record shall contain a complete written explanation of the basis for each variance.

D.C. Mun. Regs. tit. 22, r. 22-B3501

Final Rulemaking published at 39 DCR 3280 (May 8, 1992); amended by Final Rulemaking published at 68 DCR 4282 (4/23/2021)