Texas Administrative Code

Texas Administrative Code

TITLE 26	HEALTH AND HUMAN SERVICES
PART 1	HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 745	LICENSING
SUBCHAPTER J	WAIVERS AND VARIANCES FOR MINIMUM STANDARDS
RULE §745.8307	How does Licensing make the decision to grant or deny my waiver or variance request?

We will not grant a waiver or variance if the minimum standard is required by statute. For all other waiver and variance requests, we consider the following factors when making the decision to grant or deny your request:

(1) The risk to children if you are not meeting the standard;

(2) The compliance history of your operation;

(3) The monitoring plan assigned to your operation;

(4) Any waivers or variances currently in effect;

(5) Your regulatory status (for example, whether you are on initial status, evaluation, or probation);

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

(7) Any other variables identified by Licensing staff.

Source Note: The provisions of this §745.8307 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963