| (a) When the federal government has provided the Department
a waiver, suspension, or contract amendment of a federal programmatic
regulation, federal statute, or contract term in response to a state
or federally declared disaster, and the requirement waived, suspended,
or amended had been codified in this title, the Executive Director
or designee may waive, suspend, or modify the rule within this title,
if:
(1) the Executive Director or designee has determined
that not doing so may negatively affect the health, safety, or welfare
of program recipients;
(2) such waiver, suspension, or modification to the
rule within this title is clearly related to the federally provided
waiver, suspension, or modification; and
(3) such waiver or suspension would not have negatively
affected the selection of an award of Department resources.
(b) When the state government has provided the Department
a waiver or suspension of a state statute in response to a state or
federally declared disaster, and the requirement waived or suspended
had been codified in this title, the Executive Director or designee
may waive, suspend, or modify the rule within this title, if:
(1) the Executive Director or designee has determined
that not doing so may negatively affect the health, safety, or welfare
of program recipients;
(2) such waiver, suspension, or modification to the
rule within this title must be clearly related to the state provided
waiver or suspension;
(3) such waiver or suspension would not have negatively
affected the selection of an award of Department resources; and
(4) the Executive Director or designee has determined
that doing so is not inconsistent with any applicable federal statute,
regulations or contract requirements.
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