7 AAC 29.050. Waivers

(a) The department may waive a requirement of this chapter if the department finds that an acceptable alternative method to satisfy the requirement is established and the well-being of clients is reasonably assured.

(b) The facility or program requesting a waiver shall ensure that a waiver involving fire safety, environmental health, or other municipal or state requirements is reviewed by the appropriate municipal or state authorities before the department makes a determination to waive a requirement of this chapter.

(c) The facility or program requesting a waiver shall ensure that an application for a waiver is made in writing to the department and includes

(1) an explanation of the reasons why the requirement of this chapter cannot be satisfied; and

(2) a description of the alternative method proposed to satisfy the requirement for which the waiver is requested.

(d) The department will respond in writing to a waiver request.

History: Eff. 12/4/76, Register 60; am 6/2/94, Register 130; am 6/24/2004, Register 170

Authority: AS 47.37.140

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