General Variance Request
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:
- the requirement from which the variance is sought;
- the reasons why the entity is unable to comply with the requirement, a description of how the entity is not in compliance, and the extent to which compliance with the requirement will impose any substantial economic, technological, programmatic, legal, or medical hardship on the entity or recipients of services;
- the period of time for which the variance is requested;
- the proposed alternative means of satisfying the purpose of the requirement for which the variance is sought;
- a statement as to how the health, safety, and welfare of recipients of services will be protected during the period of the variance;
- the plan for achieving compliance before the variance expires;
- assurance that the conditions at the entity do not present an imminent danger to the health, safety, or welfare of recipients of services;
- if the request for a variance involves fire safety or another state or municipal requirement, evidence that the request has been reviewed by the appropriate authority;
- for a licensed entity, the names of the recipients of services who would be affected by the variance, and the names and addresses of any representatives of those recipients of services; the requirements of this paragraph do not apply to a child care facility subject to 7 AAC 57 unless this information is requested by the department; and
- any additional information requested by the department to determine the effect of a variance on the health, safety, and welfare of recipients of services.
