Page 182

7 AAC 10.9520. Evaluation of a request for a general variance. The department will evaluate a request for a general variance by

(1) investigating the statements in the request form;

(2) inspecting the entity, if appropriate; and

(3) taking one or both of the following actions:

(A) conferring with the applicant or licensee regarding the request;

(B) discussing the request with the affected recipients of services or their representatives, as appropriate, to determine whether they support granting the variance. (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 10.9520, 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 10.9525. Grant or denial of a general variance. (a) The department’s decision to grant or deny a request for a general variance will be issued in writing and will be delivered to the person who made the request. (b) Subject to (c) of this section, the department may grant a general variance, for a period that does not exceed one year, if the department determines that the entity

(1) is unable to comply with the requirement from which the variance is sought;