Section 564.402 - Variances(a) The Commission's executive director or designee may grant a temporary variance to a facility or group of facilities.(b) To be eligible for a variance, a facility shall show:(1) an alternative method is used to meet the intent of the rule; and(2) the variance will not jeopardize the health, safety, or welfare of clients or compromise substance abuse services.(c) The Commission's executive director or designee will determine if an alternative is equivalent to the written rule and when it will be accepted during licensure reviews.(d) A variance cannot be granted for a statutory requirement.(e) The grounds for, and term of, the variance shall be set forth in writing.26 Tex. Admin. Code § 564.402
Transferred from 25 TAC § 448.402 Texas Register, Volume 49, Number 14, April 5, 2024, TexReg 2197, eff. 4/30/2024