12-44.1-26. Correctional facility variances

12-44.1-26. Correctional facility variances 1. A correctional facility shall comply with the requirements of the rules adopted by the department of corrections and rehabilitation unless a variance has been granted by the department of corrections and rehabilitation. Any request for a variance must be in writing and must cite the rule in question, the reasons for requesting the variance, the period of time for the variance, and an explanation of how the policy of the rule will be served without strict compliance with the rule. 2. The department of corrections and rehabilitation may grant a variance if it is determined that: a. Compliance with the rule would cause extreme hardship as a result of circumstances which are unique to the correctional facility. b. The correctional facility will substantially comply with the policy of the rule during the time of the variance from the rule. 3. The department of corrections and rehabilitation shall give written reasons for granting or denying a variance request. 4. In previously existing correctional facilities where specific rules cannot be complied with because of alleged difficulty or undue hardship, exception to specific physical plant rules must be made if the intent of the rule is met and security, supervision of prisoners, established programs, or the safe, healthful, or efficient operation of the correctional facility is not seriously affected.