Page 126

the premises during hours of operation;

(4) a statement from the individual requesting a variance that describes all actions that the individual has taken to reduce the risk of reoffending, including proof of active participation in or completion of any treatment program required by a court; the statement must also include

(A) a detailed description of any mitigating circumstances that were involved at the time of the offense;

(B) a description of the individual’s educational and employment history; and

(C) evidence that the individual is licensed under AS 08, or became licensed after the individual was convicted of the offense or after the department under 7 AAC 10.915 determined a barrier condition to exist. (b) The oversight division shall review each request for a variance and shall, within 30 days after receipt of the variance request, determine if the variance request is complete. If the variance request is incomplete, the department will notify the provider or applicant and identify the material needed to complete the variance request. In the notification the department will include a statement of the material that is missing and that the missing material must be submitted to the department within 30 days after the date of the notification, or the variance request will be denied. If after the deadline for submittal of the missing material the variance request remains incomplete, the oversight division shall deny the variance request and advise the provider or applicant of the right to reapply for a variance. If the oversight division determines that the variance request is complete, the oversight division shall

(1) make a written recommendation to the variance review committee appointed under 7 AAC 10.935 to grant or deny the request;

(2) include the reasons for the recommendation; and

(3) recommend any conditions that should be placed on any variance issued. (c) If the individual was convicted of a lesser charge, in the department’s review under (b) of this section, the department may consider information regarding the original charge in making its recommendation to the variance review committee, including whether the original charge was a permanent barrier crime or condition for which a variance would be prohibited under (g) of this section. (d) Repealed 6/29/2017. (e) Repealed 6/29/2017. (f) The department may grant a variance under AS 47.05.310(f) from all or part of the requirements for conducting a background check under 7 AAC 10.900 — 7 AAC 10.990 if a provider submits a request for a variance to the oversight division on a form provided by the department, includes a comprehensive rationale for the request, and demonstrates that the health, safety, and welfare of recipients of services will be adequately protected. A variance issued under this subsection may not be transferred to another provider.