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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 745LICENSING
SUBCHAPTER JWAIVERS AND VARIANCES FOR MINIMUM STANDARDS
RULE §745.8313What factors do we consider when deciding whether to grant a waiver or variance?
Historical Texas Register

When deciding whether to grant a waiver or variance, we consider:

  (1) Whether the minimum standard is ineligible for a waiver or variance as outlined in §745.8303 of this subchapter (relating to What minimum standards are ineligible for a waiver or variance?);

  (2) The risk to children if your operation or foster home does not meet the standard;

  (3) The compliance history of your operation, including past and current enforcement actions;

  (4) Any waivers or variances currently in effect;

  (5) Your permit status, including if you are an applicant or have an initial license;

  (6) Whether your operation is on heightened monitoring;

  (7) Any economic factors or other constraints affecting your ability to comply;

  (8) If the request is for a foster home, the additional factors for a foster home as required by §745.8315 of this subchapter (relating to What additional factors does Licensing consider when deciding whether to grant a waiver or variance for a foster home?); and

  (9) Any other factor relevant to your request or operation that we identify.


Source Note: The provisions of this §745.8313 adopted to be effective October 16, 2023, 48 TexReg 5739

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