Made available by Touch N' Go Systems, Inc., and the
Law Offices of James B. Gottstein.

You can also go to The Alaska Legal Resource Center or search the entire website search.

Touch N' Go, the DeskTop In-and-Out Board makes your office run smoother. Visit Touch N' Go's Website to see how.
Title 7 . Health and Social Services
Chapter 75 . Assisted Living Homes
Section 410. Grounds for variance

7 AAC 75.410. Grounds for variance

(a) Subject to (b) and (c) of this section, the department may grant an assisted living home a temporary or permanent variance from a requirement of AS 47.33 or this chapter to allow the home to

(1) meet the goals of AS 47.33 and this chapter in a way that differs from the methods set out in AS 47.33 or this chapter;

(2) promote aging in place to minimize the need for a resident to move from the home;

(3) integrate mentally, developmentally, and physically disabled residents into the community to reach their highest level of functioning; or

(4) encourage the establishment or operation of an assisted living home with fewer than six residents, if compliance with AS 47.33 and this chapter by a home of that size would be unduly burdensome.

(b) The department will not grant a variance unless the terms of the variance adequately protect the health and safety of the residents of the home.

(c) The department will not grant a variance

(1) that permits a home to avoid the requirements of

(A) AS 47.33.100 or 7 AAC 75.215, regarding criminal background checks; or

(B) 7 AAC 75.310, regarding acceptance and management of residents' money; or

(2) for a requirement of AS 47.33 to a home licensed to serve six or more residents.

History: Eff. 7/1/95, Register 134; am 9/28/2001, Register 159; am 4/6/2002, Register 162; am 6/24/2004, Register 170

Authority: AS 47.33.040

AS 47.33.100

AS 47.33.410

AS 47.33.920

Note to HTML Version:

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.

Last modified 7/05/2006