OAR 411-450-0100: Variances

(1) The Department may grant a variance to these rules based upon a demonstration by an agency that an alternative method or different approach provides equal or greater agency effectiveness and does not adversely impact the welfare, health, safety, or rights of individuals or violate state or federal laws. (2) The agency requesting a variance must submit a written application to the Department that contains the following: (a) The section of the rule from which the variance is sought; (b) The reason for the proposed variance; (c) The alternative practice, service, method, concept, or procedure proposed; (d) A plan and timetable for compliance with the section of the rule from which the variance is sought; and (e) If the variance applies to an individual's service, evidence that the variance is consistent with the individual's current ISP. (3) The Department's director may approve or deny the request for a variance. The director's decision is final. (4) The Department must notify the agency of the Department's decision. The decision notice must be sent within 45 calendar days of the receipt of the request by the Department with a copy sent to all relevant Department programs or offices. (5) The agency may implement a variance only after written approval from the Department.