Section 218-RICR-40-00-5.9 - Variance Procedures, Violations, Sanctions and Severability5.9.1Variance ProcedureA. The certification rules, regulations and standards for case management programs and agencies are designed so that full compliance is required in order for a certificate to be granted. 1. It is recognized that there will be need from time to time for a program or agency to bypass a specific rule or rules in order to best accomplish its stated philosophy, goals and purpose.B. The Division 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 a variance will not be contrary to the public interest, public health and/or health and safety of consumers. 1. 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.2. Within ten (10) working days of the receipt of the variance request, unless additional time is required to review the program and the reason for the variance, the Variance Review Committee will review the application and return a decision, in writing, to the applicant.3. If the applicant is dissatisfied with the decision of the Variance Review Committee, an appeal may be made through the process outlined in §5.4.5(A) of this Part..5.9.2Deficiencies and Plans of Correction A. The Division shall notify the governing body or other legal authority of a program or agency the degree of compliance with these rules, regulations and standards through a statement, including a notice of deficiencies, if any.B. If the Director determines that immediate action is necessary to protect the health, welfare, or safety of the public or any member thereof through the issuance of an immediate compliance order, a certificate holder who receives a notice of deficiencies will be provided a corrective action plan from the Division, and is expected to begin work to remedy deficiencies immediately. 1. The plan of correction shall note any variance to be allowed to the certificate holder for the timeframe outlined in the corrective action plan.C. If an agency or program placed under a corrective action plan by the Division fails to successfully respond to actions outlined in the corrective action plan within the prescribed time frame, the Division may invoke the sanctions enumerated in §5.2.6 of this Part above. 1. If the program or agency is aggrieved by the sanctions of the Division, it may appeal the decision and request a fair hearing. The notice of the hearing to be given by the Division and the hearing shall comply in all respects with the provisions of R.I. Gen. Laws § 42-35-9.5.9.3Violations and Sanctions Any person establishing, conducting, managing or operating a case management program as defined by these rules, regulations and standards without a certificate shall be guilty of a misdemeanor, and upon conviction, may be fined not more than one thousand dollars ($1,000) or imprisoned not more than six (6) months, or both, at the discretion of the court, for each offense.
5.9.4Severability If any provision of the rules, regulations and standards herein or the application thereof to any program, agency or circumstances shall be held invalid, such invalidity shall not affect the provision or application of the rules, regulations and standards which can be given effect, and to this end the provisions of the rules, regulations and standards are declared to be severable.
218 R.I. Code R. 218-RICR-40-00-5.9