Administrative Code

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Virginia Administrative Code
Title 6. Criminal Justice And Corrections
Agency 35. Department (Board) of Juvenile Justice
Chapter 20. Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities

6VAC35-20-93. Waivers.

A. When a program or facility has submitted a formal variance request to the board concerning a noncritical regulatory requirement, the director may, but is not required to, grant a waiver temporarily excusing a program or facility from meeting the requirements of the regulation when (i) the regulatory requirement is not required by statute or by federal or state regulations other than those issued by the board; (ii) noncompliance with the regulatory requirement will not result in a threat to the health, welfare, or safety of residents, the community, or staff; (iii) enforcement will create an undue hardship; and (iv) juveniles' care or services would not be adversely affected.

B. A waiver shall be granted only when the program or facility is presented with emergency conditions or circumstances making compliance with the regulatory requirement either impossible or impractical.

C. The waiver shall be in effect only until such time as the board acts on the variance request. The board will act on the matter at its first meeting following notice from the director or designee that a waiver has been granted.

D. The director or designee shall promptly notify the board chair in writing of waivers granted and the rationale for so granting.

E. A program or facility will not be cited for noncompliance with the requirements of a regulatory requirement subject to a waiver during the time it operates pursuant to a waiver approved by the director or designee.

Statutory Authority

§§ 16.1-233 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 23, eff. September 1, 2003; amended, Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

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