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(a) A provider wishing to request a waiver of a rule shall provide in writing or electronically the following information:
(1) The provider’s name, address, phone number, and the bridges database resource identification number assigned by the department for electronic payments;
(2) The rule numbers for which the waiver is being requested;
(3) A brief explanation of the reason for the waiver, the length of time for which the waiver is requested, and any effect the granting of the waiver will have on the health and safety of the children in child care;
(4) The number and age range of children who will be affected by the waiver;
(5) The signature of the enrolled child care provider;
(6) Signatures of parents or copy of a notice which has been shown to, or mailed to each parent, explaining the specifics of the waiver request and informing parents that they may call the department if they have concerns about the requested waiver, and
(7) The plan for future compliance after the waiver period is over.
(b) A waiver shall be granted to the applicant or enrolled provider if the department determines that the alternative proposed by the applicant or enrolled provider:
(1) Meets the objective or intent of the rule;
(2) Does not negatively impact the health, safety, or well-being of the children; and
(3) Does not negatively impact the operation of the provider.
(c) When a waiver is approved, the provider’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which the waiver was sought.
(d) The department shall not approve any request for a waiver of any of the provisions relevant to state or federal law or of any rules of other state agencies which are referred to in this chapter.
(e) A waiver request shall be denied when any of the following occurs:
(1) The rule for which a waiver is being requested is related to fire safety or environmental health or safety;
(2) The provider has been found in violation of one or more of these rules and has not corrected the violation;
(3) The department finds that approval of the requested waiver will jeopardize the health or safety of children;
(4) The department finds that approval of the requested waiver will impair the provider’s ability to adequately care for children;
(5) The department finds that approval of the requested waiver will impair the operations of the child care provider; or
(6) The department determines that the provider has not submitted a written plan for compliance with the rule or an acceptable plan for satisfying the intent of the rules as an alternative to complying with the rule.
Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23 (formerly He-C 6917.17)