VARIANCE OR WAIVER OF SPECIFIC RULE

Subpart 1. Granting of variance or waiver. The granting of a variance or waiver under this part does not constitute a precedent for any other community correctional facility. The commissioner shall grant a variance or waiver of a specific rule, if, in the licensing procedure or enforcement of the standards the commissioner finds that: A. to require a particular adult community-based residential correctional facility to comply strictly with one or more of the provisions will result in undue hardship; B. the facility is otherwise in compliance with this chapter; C. the facility substantially complies with specific conditions the commissioner deems necessary for the protection of health, safety, and welfare of the residents and it does not have a substantially negative effect on public safety. Subp. 2. Variance or waiver review. Variances or waivers must be reviewed during the on-site inspection to determine if the variances or waivers should be continued.