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.
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