The Commissioner may grant a variance to a regulation when the Commissioner determines that (i) a licensee or applicant for licensure as an assisted living facility, adult day center or child welfare agency has demonstrated that the implementation of a regulation would impose a substantial financial or programmatic hardship and (ii) the variance would not adversely affect the safety and well-being of residents, participants or children in care. The Commissioner shall review each allowable variance at least annually. At a minimum, this review shall address the impact of the allowable variance on persons in care, adherence by the licensee to any conditions attached, and the continuing need for the allowable variance.
Code 1950, § 63-233; 1968, cc. 578, 585, § 63.1-196; 1972, c. 540; 1974, c. 419; 1975, c. 386; 1979, c. 483; 1985, c. 384; 1992, c. 666; 1993, cc. 730, 742; 1999, c. 740; 2002, c. 747.
Structure Code of Virginia
Title 63.2 - Welfare (Social Services)
Chapter 17 - Licensure and Registration Procedures
§ 63.2-1702. Investigation on receipt of application
§ 63.2-1705. Compliance with Uniform Statewide Building Code
§ 63.2-1706. Inspections and interviews
§ 63.2-1706.1. Inspections of child welfare agencies; prioritization
§ 63.2-1707. Issuance or refusal of license; notification; provisional and conditional licenses
§ 63.2-1708. Records and reports
§ 63.2-1709.2. Enforcement and sanctions; special orders; civil penalties
§ 63.2-1709.3. Child-placing agencies; conscience clause
§ 63.2-1710. Appeal from refusal, denial of renewal, or revocation of license
§ 63.2-1711. Injunction against operation without license
§ 63.2-1712. Offenses; penalty
§ 63.2-1713. Misleading advertising prohibited
§ 63.2-1714. Duty of attorneys for the Commonwealth
§ 63.2-1715. Exemptions from licensure
§ 63.2-1718. Inspection of unlicensed child or adult care operations; inspection warrant
§ 63.2-1719. Barrier crime; construction
§ 63.2-1723. Child welfare agencies; criminal conviction and waiver
§ 63.2-1726. Background check required; children's residential facilities
§ 63.2-1729. Confidentiality of complainant's identity
§ 63.2-1730. Retaliation or discrimination against complainants
§ 63.2-1731. Retaliation against reports of child or adult abuse or neglect
§ 63.2-1732. Regulations for assisted living facilities
§ 63.2-1733. Regulations for adult day care centers
§ 63.2-1734. Regulations for child welfare agencies
§ 63.2-1736. Interagency agreements; cooperation of Department with other departments
§ 63.2-1737. Licensure of group homes and residential facilities for children