Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 30. Department For Aging And Rehabilitative Services
Chapter 120. Adult Services Approved Providers

22VAC30-120-80. Allowable variance.

A. The grant or denial of a variance is within the discretion of the local department. The provider may request a variance on a standard if the variance does not jeopardize the safety and proper care of any adult or prospective adult receiving care or violate federal, state, or local law and the local department approves the request.

B. The allowable variance, if granted by the local department, shall be documented in writing with a copy maintained by the local department and the provider.

C. The local department and the provider shall develop a plan to meet the applicable standard for which the allowable variance has been granted.

D. The variance shall be requested by the provider, and if granted by the local department, issued prior to the approval of the provider or at the time of the provider's renewal.

Statutory Authority

§ 51.5-131 of the Code of Virginia.

Historical Notes

Former 22VAC40-771-80, derived from Virginia Register Volume 24, Issue 2, eff. November 1, 2007; renumbered as 22VAC30-120-80, Virginia Register Volume 30, Issue 1, eff. October 9, 2013; amended, Virginia Register Volume 39, Issue 19, eff. June 8, 2023.

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