Minnesota Administrative Rules

2920.1100 VARIANCE OR WAIVER OF SPECIFIC RULE.

Subpart 1.

Granting of variance or waiver.

The granting of a variance or waiver under this part does not constitute a precedent for any other community correctional facility. The commissioner shall grant a variance or waiver of a specific rule, if, in the licensing procedure or enforcement of the standards the commissioner finds that:

A.

to require a particular adult community-based residential correctional facility to comply strictly with one or more of the provisions will result in undue hardship;

B.

the facility is otherwise in compliance with this chapter;

C.

the facility substantially complies with specific conditions the commissioner deems necessary for the protection of health, safety, and welfare of the residents and it does not have a substantially negative effect on public safety.

Subp. 2.

Variance or waiver review.

Variances or waivers must be reviewed during the on-site inspection to determine if the variances or waivers should be continued.

Statutory Authority:

MS s 241.021

History:

9 SR 1655; 36 SR 635

Published Electronically:

January 3, 2012