10-148-19 Me. Code R. § A-8

Current through 2024-51, December 18, 2024

Section 148-19-A-8 - WAIVERS

The Commissioner or his designee may, upon written request of any individual or PNMI- Child Placing Agency., waive or modify a provision of these regulations which is not mandated by Maine Statute. The individual or PNMI- Child Placing Agency shall provide clear and convincing evidence, including, at the request of the Commissioner or his designee, expert opinion which satisfies the Commissioner or his designee that the applicant's or licensee's alternative method will comply with the intent of the regulation for which waiver or modification is sought. Application for a waiver or modification shall be made on forms supplied by the Department and must include:

A. A statement of the provision for which waiver or modification is requested;

B. An explanation of the reasons why the provision cannot be met and why a waiver or modification is being requested; and

C. A description of the alternative method proposed for meeting the intent of the provision sought to be waived or modified.

All requests shall be answered in writing and a record of them shall be maintained. Any waiver or modification granted shall be for a specific period of time not to exceed the period of the license. If the waiver or modification continues to be necessary, a new application for waiver or modification must be made at the time of application for renewal of the license.

10-148 C.M.R. ch. 19, § A-8