SECTION 349.200. Waiver or Variance

(a) Waiver.

(1) Who May Request. Unless expressly prohibited by another standard, the juvenile board, chief administrative officer or facility administrator may submit a request for waiver of any standard adopted by the Commission. If the chief administrative officer or facility administrator submits a request for waiver, the chief administrative officer or facility administrator shall notify in writing the juvenile board simultaneous with submission of the request to the Commission.

(2) Contents of Request. The written request for waiver shall be submitted on a form provided by the Commission and shall:

(A) explain why compliance with standards cannot be achieved immediately;

(B) explain the impact the waiver would have on compliance with other standards;

(C) explain how substantial compliance with the intent and purpose of the standard for which a waiver is requested will be achieved through alternative methods or means; and

(D) explain how the health and safety of juveniles will be maintained during the duration of the waiver.

(3) Length of Waiver. Waivers granted by the Commission under this section shall not exceed one year. The juvenile board, chief administrative officer or facility administrator may request one subsequent waiver extension which, if approved, shall not exceed one year.

(4) Review of Request. In the event a request for waiver is denied, the juvenile board or chief administrative officer may request a review by the Board. The review of the waiver request shall occur at the next Board meeting where waivers will be considered, provided that there is adequate time to place the item on the Board's agenda.

(b) Variance.

(1) Who May Request. Unless expressly prohibited by another standard, the juvenile board may make an application for a variance of any standard or standards adopted by the Commission.

(2) Contents of Request. The written request for variance shall be submitted on a form provided by the Commission and shall:

(A) explain why compliance with standards cannot be achieved;

(B) explain the impact the variance would have on compliance with other standards;

(C) explain how substantial compliance with the intent and purpose of the standard for which a variance is requested would be achieved through alternative methods or means;

(D) explain how the health and safety of juveniles will be maintained if the variance is granted;

(E) explain how compliance with the standard in question will result in undue hardship on the requesting entity; and

(F) explain how issuing the variance would not put the juvenile board, department, program or facility in violation of any state or federal law.

(3) The Board may grant a variance from a standard if it makes affirmative findings of fact with regard to the factors specified in paragraph (2) of this subsection.

(4) The Board shall grant or deny the variance at the next Board meeting where variances will be considered, provided that there is adequate time to place the item on the Board's agenda.

Source Note: The provisions of this §349.200 adopted to be effective May 1, 2010, 35 TexReg 3289