3701-16-24 Waivers/variances.

(A) The director may waive any of the licensing requirements established under Chapter 3701-16 of the Administrative Code, unless the licensing requirement is specified by statute.

(B) Upon written request of the operator, on a form furnished by the director, the director may grant a waiver if he or she determines that the strict application of the licensing requirement would cause undue hardship to the home and that granting the waiver would not jeopardize the health or safety of any residents.

(C) The waiver may be granted at the time of initial licensing or renewal, or during the licensing period, and may be temporary or permanent. In granting a waiver, the director may stipulate a time period for which the waiver is to be effective or may establish conditions the home must meet for the waiver to be operative.

(D) The director may provide a facility with an informal hearing concerning the denial of a waiver request, but the home shall not be entitled to a hearing under Chapter 119. of the Revised Code regarding the requested waiver.

R.C. 119.032 review dates: 01/20/2004 and 01/15/2009

Promulgated Under: 119.03

Statutory Authority: 3724.05(A)

Rule Amplifies: 3724.03(A)

Prior Effective Dates: 11/27/94, 11/27/88 (emer.)