Minnesota Administrative Rules

2945.0130 VARIANCES.

Subpart 1.

Variances; general.

The granting of a variance under this part does not constitute a precedent for any other municipal lockup facility. The granting and denial of all variances shall be in writing and made within 30 days of the request for a variance. The variance will be granted by the commissioner if, in the licensing procedure or enforcement of the standards in this chapter:

A.

requirements for a municipal lockup facility to strictly comply with one or more of the provisions will result in undue financial hardship or jeopardize the health, safety, security, detention, or well-being of the residents or facility staff;

B.

the municipal lockup facility is otherwise in substantial compliance with the standards contained in this chapter or making satisfactory progress toward substantial compliance;

C.

granting of the variance will not preclude the facility from making satisfactory progress toward substantial compliance with this chapter;

D.

granting of the variance will not leave the interests and well-being of the detainees and staff unprotected; and

E.

the facility will take action to comply with the general purpose of this chapter to the fullest extent possible.

Subp. 2.

Emergencies.

The facility administration may declare a state of emergency suspending those rules affected by the emergency if to not suspend the rules would adversely affect the health, security, safety, or well-being of the persons confined or the facility staff.

Subp. 3.

Notification of emergencies.

The facility administrator shall immediately notify the sheriff of the county and the Department of Corrections of an emergency that results in the suspension of a rule. A formal written report must follow within 72 hours.

Subp. 4.

Extension of emergency.

No suspension of rules because of an emergency declared by a facility administrator may exceed seven days unless the administrator obtains the approval of the commissioner for a variance to the rules and the variance is necessary for the protection of the health, security, safety, or well-being of the staff or the persons detained or confined in the institution where the emergency exists.

Statutory Authority:

MS s 241.021

History:

17 SR 711; 39 SR 1203

Published Electronically:

March 2, 2015