Variance

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§ 7106. Variance

(a) The licensing agency may grant a variance from the provisions of this chapter or a rule adopted pursuant to this chapter.

(b) Variances may be granted upon determination that:

(1) strict compliance would impose a substantial hardship on the licensee;

(2) the licensee will otherwise meet the goal of the statutory provision or rule; and

(3) a variance will not result in less protection of the health, safety, and welfare of the residents.

(c) A variance shall not be granted from a provision of this chapter or a rule pertaining to residents' rights. (Added 1985, No. 151 (Adj. Sess.), § 4; amended 2013, No. 131 (Adj. Sess.), § 88, eff. May 20, 2014.)


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