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TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 745 - LICENSING
SUBCHAPTER J - WAIVERS AND VARIANCES FOR MINIMUM STANDARDS
SECTION/RULE §745.8313 - What factors do we consider when deciding whether to grant a waiver or variance?
Chapter Review Date 08/26/2024

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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