481—41.5(135H)  Waivers. Waivers from these rules may be granted by the director of the department:
	1.	When the need for a waiver has been established; and
	2.	When there is no danger to the health, safety, welfare or rights of any child.
The waiver will apply only to a specific PMIC.
Waivers shall be reviewed at the time of each licensure survey by the department to determine continuing need.
	41.5(1) To request a waiver, the licensee must:
	a. 	Apply in writing on a form provided by the department;
	b. 	Cite the rule or rules from which a waiver is desired;
	c. 	State why compliance with the rule or rules cannot be accomplished;
	d. 	Explain how the waiver is consistent with the individual program plans; and
	e. 	Demonstrate that the requested waiver will not endanger the health, safety, welfare or rights of any child.
	41.5(2) Upon receipt of a request for waiver, the director shall:
	a. 	Examine the rule from which the waiver is requested;
	b. 	Evaluate the requested waiver against the requirement of the rule to determine whether the request is necessary to meet the needs of the children; and
	c. 	Examine the effect of the requested waiver on the health, safety or welfare of the children.
[ARC 5719C, IAB 6/16/21, effective 7/21/21]