Section 21. Waivers And Variances

A. Definitions: As used in this section: (1) waiver: means the grant of an exemption from a requirement of these regulations; (2) variance: means the granting of an alternate requirement in place of a requirement of these regulations. B. Requirements for waivers and variances: A waiver or variance may be granted if the authority finds that the waiver or variance will not adversely affect the health, safety, or welfare of any resident and that: (1) strict enforcement of a requirement would result in unreasonable hardship on the facility or on a resident; (2) an alternative to a rule, including new concepts, methods, procedures, techniques, equipment, personnel qualifications, or the conducting of pilot projects, is in the interest of better care or management. C. Applications: (1) All applications for waiver or variance from the requirements of these regulations shall be made in writing to the authority, specifying the following: (a) the rule from which the waiver or variance is requested; (b) the time period for which the waiver or variance is requested; (c) if the request is for a variance, the specific alternative action which the facility proposes; (d) the reasons for the request; and (e) justification that the goal or purpose of the rule or regulations would be satisfied. (2) Requests for a waiver or variance may be made at any time. (3) The authority may require additional information from the facility prior to acting on the request. D. Grants and denials: (1) The authority at its discretion shall grant or deny each request for waiver or variance in 8.370.16 NMAC 8 writing. A notice of denials shall contain the reasons for denial. (2) The terms of a requested variance may be modified upon agreement between the authority and a facility. (3) The authority may impose such conditions on the granting of a waiver or variance which it deems necessary. (4) The authority may limit the duration of any waiver or variance. (5) The authority's action on a request for a waiver is not subject to administrative appeal. E easons for denial. (2) The terms of a requested variance may be modified upon agreement between the authority and a facility. (3) The authority may impose such conditions on the granting of a waiver or variance which it deems necessary. (4) The authority may limit the duration of any waiver or variance. (5) The authority's action on a request for a waiver is not subject to administrative appeal. E. Revocation: The authority may revoke a waiver or variance if: (1) it is determined that the waiver or variance is adversely affecting the health, safety or welfare of the resident's; or (2) the facility has failed to comply with the variance as granted; or (3) the licensee notifies the authority in writing that it wishes to relinquish the waiver or variance and be subject to the rule previously waived or varied; (4) required by a change in law.