Section 216-RICR-40-10-17.9 - Variance Procedure, Practices and Procedures, and Severability17.9.1Variance ProcedureA. The licensing agency 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 patients.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 licensing agency and within a reasonable time thereafter, the licensing agency shall notify the applicant of its approval, or in the case of a denial, a hearing date, time and place may be scheduled if the home nursing care provider or home care provider appeals the denial.17.9.2Rules Governing Practices and ProceduresA. All hearings and reviews required under the provisions of R.I. Gen. Laws Chapter 23-17 shall be held in accordance with the provisions of Part 10-05-4 of this Title, Practices and Procedures Before the Rhode Island Department of Health.216 R.I. Code R. 216-RICR-40-10-17.9
Amended effective 3/24/2022
Amended effective 5/6/2024