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requested the variance; or

(2) the individual to whom the variance applies

(A) violates a term or condition of the variance; or

(B) subsequently becomes subject to AS 47.05.310(c), is charged with, convicted of, found not guilty by reason of insanity for, or adjudicated as a delinquent for, a crime listed in 7 AAC 10.905 or a similar crime in another jurisdiction, or is issued a civil finding governing a barrier condition. (o) A variance granted under this section remains valid unless made invalid under (m) of this section or revoked under (n) of this section. (p) A variance granted under this section does not exempt the applicant from 7 AAC 10.910(c). (q) In this section, “commissioner” means the commissioner or the commissioner’s designee substantively uninvolved in a recommendation made under 7 AAC 10.930(b) or this section. (Eff. 2/9/2007, Register 181; am 10/17/2007, Register 184; am 2/13/2008, Register 185; 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 10.940. Posting of variance decision required. (a) Except as provided in (b) and (c) of this section, if the department grants a variance under 7 AAC 10.935, the provider shall post a copy of the variance decision with the copy of the license, certification, approval, or finding of eligibility to receive payments. The posting must be in a conspicuous place where the copy of the variance can be readily viewed by persons interested in obtaining the services offered by the provider. (b) The requirements of (a) of this section do not apply to a variance granted to an applicant unless that applicant becomes associated with a provider in any manner described in 7 AAC 10.900(b).