Waiver of or variance from requirements of chapter.

1. The Administrator or, if he or she chooses to designate a designee, the designee of the Administrator may, on a case-by-case basis, waive a specific requirement of this chapter if the waiver is for the betterment of the foster care program or in the best interests of a child and is not in violation of any statute of this State or federal law. 2. The licensing authority may, on a case-by-case basis, allow for a variance from a specific requirement of this chapter applicable to any applicant or the holder of any license upon request if: (a) The applicant or the holder of the license demonstrates that the alternative proposed is equally effective and will not endanger the health, safety or well-being of a foster child; and (b) The variance is not in violation of any state or federal law.