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(Eff. 2/9/2007, Register 181; am 6/29/2017, Register 222) Statutory Authority: Authority: AS 47.05.300 AS 47.05.330 AS 47.32.030
AS 47.05.310 AS 47.05.340
AS 47.05.320 AS 47.32.010 7 AAC 10.930. Request for a variance. (a) Except for a crime or condition listed in (g) of this section, if a provider or an applicant is notified under 7 AAC 10.915(d) or 7 AAC 10.927(c) that a barrier crime or condition exists under 7 AAC 10.900 — 7 AAC 10.990, the provider or the applicant may request a variance under this section. The request must be submitted to the provider’s oversight division. The request must be submitted no later than 90 days after the department issues notification under 7 AAC 10.915(d) that a barrier crime or condition exists or the department issues a notice of decision under 7 AAC 10.927(c) denying a request for a redetermination, whichever date is later. The request must be submitted on a form provided by the department, and must include the following:
(1) a comprehensive rationale for granting a variance;
(2) a demonstration of how the health, safety, and welfare of recipients of services will be adequately protected;
(3) copies of all known and available information relevant to determining whether the health, safety, and welfare of recipients of services are adequately protected, including the following information regarding the individual for whom a variance is sought:
(A) a copy of that individual’s record of, or if a record is inapplicable, a statement that the individual has no record of
(i)any protective order issued or filed under AS 18.66…#
(i) any protective order issued or filed under AS 18.66 (Domestic Violence and Sexual Assault) or a substantially similar law or ordinance of another jurisdiction;