Ch. 5, § 7. Variances

. (a) A behavioral health center may request a variance from the Department of any standard imposed under Section 2 of this Chapter. (i) A request for variance must be made in writing and 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 center's operations and client services. (b) The Administrator reserves absolute discretion in considering and granting a request for variance. (i) The Administrator shall communicate to the provider, their decision in writing on a variance request and if denied, 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.