Section 071-18-3 - WAIVERSThe department may, upon written request, waive a particular rule. The facility shall provide clear and convincing evidence, including, at the request of the department, expert opinion, which demonstrates to the satisfaction of the department that the facility's alternative method will comply with the intent of the rule
A. The following rules, however, shall not be subject to waiver: (1) Statement of Ownership 4.A.1.(2) Administrative Organization 4.A.4.(3) Financial Plan 4.A.5.b.(4) Statement of Purpose 4.C.1.(5) Program Description 4.C.2.(6) Educational and Vocational Services 4.C.4.(7) Evidence of Access to. Emergency Medical and Mental Health Services(8) Staff, Volunteer and Student Orientation Plan 4.D.9.A.(9) Staff Training Plan 4.D.9.c.(10) Clinical Consultant 4.E.6.c.(11) Location and Floor Plan 4.F.1.(12) Lead Poisoning 4.F.2.b.(13) Life Safety 4.F.2.c.(14) Water Supply 4.F.2.d.(15) Emergency Procedures 4.F.8.a.B. Upon request, the department shall provide a form to be used by the facility to submit a request for waiver of a particular regulation. All requests shall be answered in writing and a record of them maintained.C. A waiver shall be granted for a specific period not to exceed the period of the license.D. Violation of the waiver shall be enforceable as rule and subject to actions described in "Sanctions and Corrective Actions". (5.C.1.)05- 071 C.M.R. ch. 18, § 3