048-8 Wyo. Code R. § 8-2

Current through April 27, 2019

Section 8-2 - Waiver of Standards or Regulations

(a) The board chairman of the program may request the Administrator to waive a particular regulation or standard if at the time of the initial application for certification or at any other time, the program finds that a particular regulation or standard does not apply to it because it is not compatible with the manner in which the program functions to provide services. The request shall be in writing and shall give the following information:

(i) The particular regulation or standard that is incompatible with the program functions and why it is incompatible;

(ii) All operational systems which function to meet the intent or purposes of the regulation or standard; and

(iii) Documentation that the waiver of the regulation or standard, if granted, will not diminish the quality of services given by the program.

(b) The Administrator shall review the request for a waiver and the information submitted with the request and shall notify the board chairman of the program of his decision within thirty (30) days of the request for the waiver.

(c) The Administrator may grant a waiver of the particular standard or regulation with respect to a program if the Administrator determines:

(i) That immediate compliance with the particular standard or regulation would create an undue hardship on the program; and

(ii) That temporary noncompliance with the particular standard or regulation would not substantially impair the quality of services provided by the program.

(d) Prior to or as a condition to granting a waiver under this section, the Administrator may:

(i) Establish schedules or time lines setting forth time limits during which the program shall achieve compliance with the standard or regulation which is waived;

(ii) Require the program to submit a written plan to the Administrator setting forth proposed methods of achieving compliance with the standard or regulation;

(iii) Set a time limit on the effective duration of the waiver; or

(iv) Solicit public comment concerning the proposed waiver.

(e) No waiver granted pursuant to this section shall be construed to affect in any way the responsibility of any program to comply with any other applicable legal requirement or standard of the Division.

(f) If the waiver is granted, the program will then be certified with the type of certification clearly indicated on the face of the certificate.

048-8 Wyo. Code R. § 8-2