OAR 411-370-0040: Variances

(1) The Department may grant a variance to these rules based upon a demonstration by the provider that an alternative method or different approach provides equal or greater effectiveness and does not adversely impact the welfare, health, safety, or rights of individuals or violate state or federal laws. (2) The provider requesting a variance must submit, in writing, an application on a Department approved form that contains the following: (a) The section of the rule from which the variance is sought; (b) The reason for the proposed variance; and (c) The alternative practice, service, method, concept, or procedure proposed. (3) The Department shall approve or deny the request for a variance. In reviewing the variance request, the Department may seek input or information from the Department's designees, including CDDPs and brokerages. (4) The Department's decision shall be sent to the provider and to all relevant Department programs or offices within 30 calendar days of the receipt of the variance request. (5) The provider may appeal the denial of a variance request by sending a written request for review to the Administrator, whose decision is final. (6) The Department shall determine the duration of the variance. (7) The provider may implement a variance only after written approval from the Department.