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Title 7 . Health and Social Services
Chapter 75 . Assisted Living Homes
Section 480. Grant or denial of permanent variance

7 AAC 75.480. Grant or denial of permanent variance

(a) The department may grant a permanent variance if it determines

(1) that

(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

AS 47.33.410

AS 47.33.920

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Last modified 7/05/2006