Section 216-RICR-60-05-4.11 - Practices and Procedures, and Violations4.11.1Variance 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. The provisions of this section shall not be applicable to the requirements of §§4.8.2(A) and (B) of this Part pertaining to the director of the clinical laboratory.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 by certified mail of its approval or in the case of a denial, a hearing date, time and place may be scheduled if the station or clinical laboratory appeals the denial.In addition to revocation or suspension of licenses granted, any person who violates the statutory or regulatory provisions herein shall be subject to the sanctions of R.I. Gen. Laws § 23-16.2-13.
4.11.3Rules Governing Practices and ProceduresAll hearings and reviews required under the provisions of this Part herein shall be held in accordance with the rules and regulations regarding Practices and Procedures Before the Department of Health (Part 10-05-4 of this Title) and Access to Public Records (Part 10-05-1 of this Title).
216 R.I. Code R. 216-RICR-60-05-4.11