Section 216-RICR-20-10-1.6 - Practices and Procedures, Violation and Severability1.6.1Variance ProcedureA. The Department may grant a variance either upon its own motion or upon request of the applicant from the provisions of any rule or regulation in a specific case, if it finds that a literal enforcement of such provision will result in unnecessary hardship to the applicant and that such variance will not be contrary to the public interest, public health and/or health and safety of the public.B. A request for a variance shall be filed by an applicant in writing setting forth in detail the basis upon which the request is made. 1. Upon the filing of each request for variance with the Department and within thirty (30) days thereafter, the Department shall notify the applicant by certified mail of its approval or in the case of a denial, a hearing date, time and place may be scheduled if the applicant appeals the denial.1.6.2ViolationsAny person who violates the statutory provisions and the regulations herein shall be subject to the sanctions of R.I. Gen. Laws Chapter 23-16.2.
1.6.3Rules Governing Practices && ProceduresAll hearings and reviews required under the provisions of the rules and regulations herein shall be held in accordance with the Rules and Regulations of the Rhode Island Department of Health Regarding Practices and Procedures Before the Department of Health and Access to Public Records of the Department of Health.
1.6.4SeverabilityIf any provision of these rules and regulations or the application thereof to any individual or circumstances shall be held invalid, such invalidity shall not affect the provisions or application of the regulations which can be given effect and to this end the provisions of the regulations are declared to be severable.
216 R.I. Code R. 216-RICR-20-10-1.6