Ch. 2, § 16. Variances

. (a) A behavioral health service provider may request a variance from the Department of any standard imposed under Sections 9 to 14 of this Chapter. (i) A request for variance must be made in writing and, if the provider receives funds from the Department under Section 2(b) of this Chapter, signed by the chair of the governing board. (ii) A request for variance must establish how the variance will maintain or enhance the quality of a provider's operations and client services. (b) The Administrator reserves absolute discretion in considering and granting a request for a variance. (i) The Administrator shall communicate to the provider in writing the Administrator's decision on a variance request and if denied, the grounds for denial. (ii) If the Administrator grants a variance request, the requesting provider shall keep a copy of the Administrator's decision as part of the provider's records. (iii) If the Administrator denies a variance request, the Administrator's denial is final and not subject to administrative review.