7 AAC 75.420. Application for variance, generally

(a) An applicant for a variance shall deliver to each resident of the home, or the resident's representative, no later than five days after filing an application for a variance, a

(1) copy or summary of the application; and

(2) notice that states

(A) that the resident or representative has the right to comment on the application for a variance; and

(B) the date by which a resident's comments on the application must be received by the department.

(b) An applicant for a variance shall provide to the department a statement indicating that the applicant has complied with (a) of this section.

(c) The department will consider the comments received from residents or their representatives in determining whether to grant an application for a temporary or permanent variance.

(d) If the department has approved a plan of correction following a notice of violation under AS 47.33.530 , the home may operate under the plan without having to submit an application for a temporary variance.

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

Authority: AS 47.33.410

AS 47.33.920

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