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.
(a) The department may grant a permanent variance if it determines
(A) strict compliance with the statute or regulation from which the variance is sought cannot be accomplished without a substantial economic, technological, programmatic, legal, or medical hardship;
(B) the variance will improve the quality of life for the home's residents; or
(C) the variance will afford a unique treatment opportunity; and
(2) that the home has an effective plan for meeting the goal of the statute or regulation from which a permanent variance is sought, and that, after discussion with or information from the residents, or the residents' representatives, regarding the request for variance and the plan for meeting the goal of the statute or regulation, the plan adequately protects the health, safety, and welfare of the residents and meets the standards of AS 47.33 and this chapter.
(b) The department will issue a written decision on an application for a permanent variance and will deliver a copy of the decision to the applicant, personally or by certified mail, and to each resident of the home or the resident's representative.
(c) Upon granting a permanent variance, the department will issue a new license containing a description of the permanent variance.
(d) A permanent variance remains in effect for the duration of the license and will be incorporated into each license renewal, unless the department finds good cause to revoke the variance.
(e) The department may include in its decision to grant a permanent variance reasonable conditions on the variance.
(f) The department will include in its decision to deny a permanent variance the reasons for the denial.
History: Eff. 7/1/95, Register 134; am 4/6/2002, Register 162; am 6/24/2004, Register 170
Authority: AS 47.33.400
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