§ 12-17.2-2-10 — Variances and waivers

Indiana § 12-17.2-2-10

• Jurisdiction: Indiana
• Art. 17.2: DAY CARE REGULATION
• Ch. 2: General Powers and Duties of the Division

Text

(a) The division may grant a variance or
waiver of a rule governing a provider. A variance or waiver granted
under this section must promote statewide practices and must protect
the rights of persons affected by this article.
(b) The division may grant a variance to a rule if a provider does the
following:
(1) Submits to the division a written request for the variance in
the form and manner specified by the division.
(2) Documents that compliance with an alternative method of
compliance approved by the division will not be adverse to the
health, safety, or welfare of a child receiving services from the
applicant for the variance, as determined by the division.
(c) A variance granted under subsection (b) must be conditioned
upon compliance with the alternative method approved by the division.
Noncompliance constitutes the violation of a rule of the division and
may be the basis for revoking the variance.
(d) The division may grant a waiver of a rule if a provider does the
following:
(1) Submits to the division a written request for the waiver in the
form and manner specified by the division.
(2) Documents that compliance with the rule specified in the
application for the waiver will create an undue hardship on the
applicant for the waiver, as determined by the division.
(3) Documents that the applicant for the waiver will be in
substantial compliance with the rules adopted by the division after
the waiver is granted, as determined by the division.
(4) Documents that noncompliance with the rule specified in the
application for a waiver will not be adverse to the health, safety,
or welfare of a child receiving services from the applicant for the
waiver, as determined by the division.
(e) Except for a variance or waiver of a rule governing child care
homes, a variance or waiver of a rule under this section that conflicts
with a building rule or fire safety rule adopted by the fire prevention
and building safety commission is not effective until the variance or
waiver is approved by the fire prevention and building safety
commission.

Legislative History

As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.7; P.L.2-1995, SEC.51; P.L.145-2006, SEC.94; P.L.225-2013, SEC.5.