Licensing Standards for DayCare Centers

Section 290-2-2-.15
Waivers and Variances

The department may, in its discretion, grant waivers and variances of  

specific rules upon application or petition being filed on forms provided  

by the department.  The department may establish conditions which must  

be met by the center in order to operate under the waiver or variance  

granted.  Waivers and variances may be granted in accordance with the  

following considerations: 

 

(a) Variance. A variance may be granted by the department upon a  

showing by the applicant or petitioner that the particular rule or regulation  

that is the subject of the variance request should not be applied as written  

because strict application of the rule would cause undue hardship.  The  

applicant or petitioner must also show that adequate standards affording  

protection for the health, safety and care of the children exist and will be  

met in lieu of the exact requirements of the rule or regulation in question. 

 

(b) Waiver.  The department may dispense entirely with the enforcement  

of a rule or regulation by granting a waiver upon a showing by the  

applicant or petitioner that the purpose of the rule or regulation is met  

through equivalent standards affording equivalent protection for the  

health, safety and care of the children. 

 

(c) Experimental Variance or Waiver. The department may grant waivers  

and variances to allow experimentation and demonstration of new and  

innovative approaches to delivery of services upon a showing by the  

applicant or petitioner that the intended protections afforded by the rule or  

regulation which is the subject of the request are met and that the  

innovative approach has the potential to improve service delivery. 

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