7 AAC 75.450. Grant or denial of temporary variance

(a) The department may grant a temporary variance, for a period not to exceed one year, if it determines that the home

(1) is unable to comply with the provision from which the variance is sought because of circumstances beyond the control of the home;

(2) has an effective plan for bringing the home into compliance during the term of the temporary variance; and

(3) is able to adequately provide for the health and safety of the residents of the home during the term of the temporary variance.

(b) The department will issue a written decision on an application for a temporary variance and will deliver a copy of the decision to the applicant, personally or by certified mail, and to each resident, or representative of the resident, of the home.

(c) A decision by the department to grant a temporary variance will state the duration of the variance and the steps that the home must take to bring the home into compliance before the variance expires.

(d) An assisted living home shall attach the temporary-variance decision to the license during the period it is in effect and shall make it available with the license to residents, prospective residents, or representatives, service providers, staff, and the general public.

(e) A decision by the department to deny a temporary variance will state the reasons for the denial. The affected home may reapply for a temporary variance, addressing the department's stated reasons for the denial. In the alternative, the home may apply for a permanent variance under 7 AAC 75.460.

History: Eff. 7/1/95, Register 134; am 4/6/2002, Register 162; am 6/24/2004, Register 170

Authority: AS 47.33.400

AS 47.33.410

AS 47.33.920

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