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(2) an alternative means, acceptable to the department, satisfies the purpose of the requirement for which the variance is sought; and

(3) the health, safety, and welfare of recipients of services are protected. (b) The department may grant an assisted living home a general variance from a requirement of AS 47.32, 7 AAC 75, or this chapter to allow the home to

(1) meet the goals of AS 47.32, 7 AAC 75, and this chapter in a way that differs from the methods set out in AS 47.32, 7 AAC 75, or this chapter;

(2) promote aging in place to minimize the need for a resident to move from the home; or

(3) integrate mentally, developmentally, and physically disabled residents into the community to reach their highest level of functioning. (Eff. 6/23/2006, Register 178) Statutory Authority: Authority: AS 18.05.010 AS 44.30.020 AS 47.32.030

AS 18.05.040 AS 47.14.120 AS 47.32.130

AS 44.29.020 AS 47.32.010 AS 47.32.140 Editor’s note: Effective July 1, 2022, Executive Order 121 split the former Department of Health and Social Services into the Department of Health and the Department of Family and Community Services. As of Register 242 (July 2022), the regulations attorney made a conforming technical revision under sec. 138, E.O. 121 and AS 44.62.125(b)(6), to the authority citation that follows 7 AAC 10.9505, by adding a new reference to AS 44.30.020: the list of duties for the Department of Family and Community Services that corresponds to the list in AS 44.29.020 for what is now the Department of Health. 7 AAC 10.9510. Request for a general variance. An entity seeking a general variance under 7 AAC 10.9500 — 7 AAC 10.9535 must submit to the department, on a form supplied by the department, a request for a general variance as required by this section. A request must contain the following:

(1) the requirement from which the variance is sought;

(2) the reasons why the entity is unable to comply with the requirement, a description of