protection and advocacy agency and shall inform the SHRC of the sanctions the department will impose against the provider. J. Upon completion of the process outlined in this section, the SHRC shall notify the parties and the human rights advocate of the final outcome of the complaint. Statutory Authority §§ and of the Code of Virginia. Historical Notes Derived from , eff. November 21, 2001; amended, Virginia Register , eff. September 19, 2007; , eff. October 8, 2014; , eff. February 9, 2017. 12VAC35-115-220. Variances. Part VI. Variances A. Variances to these regulations shall be requested and approved only when the provider has tried to implement the relevant requirement without a variance and can provide objective, documented information that continued operation without a variance is not feasible or will prevent the delivery of effective and appropriate services and supports to individuals. B. Only directors may apply for variances, and they must first be approved by the provider, the governing body of the provider, or the commissioner, as appropriate, before consideration by an LHRC or the SHRC. C. Upon receiving approval from the governing body or commissioner, and after notifying the human rights advocate and other interested persons, the director shall file a formal application for variance with the LHRC. This application shall reference the specific part of these regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. The application shall also describe time limits and other conditions for duration and the circumstances that will end the applicability of the variance. 1. When the LHRC receives the application, it shall invite, and provide ample time to receive, oral or written statements about the application from the human rights advocate, individuals affected by the variance, and other interested persons. 2. The LHRC shall review the application and prepare a written report of facts, which shall include its recommendation for approval, disapproval, or modification. The LHRC shall send
protection and advocacy agency and shall inform the SHRC of the sanctions the department will impose against the provider. J. Upon completion of the process outlined in this section, the SHRC shall notify the parties and the human rights advocate of the final outcome of the complaint. Statutory Authority §§ and of the Code of Virginia. Historical Notes Derived from , eff. November 21, 2001; amended, Virginia Register , eff. September 19, 2007; , eff. October 8, 2014; , eff. February 9, 2017. 12VAC35-115-220. Variances. Part VI. Variances A. Variances to these regulations shall be requested and approved only when the provider has tried to implement the relevant requirement without a variance and can provide objective, documented information that continued operation without a variance is not feasible or will prevent the delivery of effective and appropriate services and supports to individuals. B. Only directors may apply for variances, and they must first be approved by the provider, the governing body of the provider, or the commissioner, as appropriate, before consideration by an LHRC or the SHRC. C. Upon receiving approval from the governing body or commissioner, and after notifying the human rights advocate and other interested persons, the director shall file a formal application for variance with the LHRC. This application shall reference the specific part of these regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. The application shall also describe time limits and other conditions for duration and the circumstances that will end the applicability of the variance. 1. When the LHRC receives the application, it shall invite, and provide ample time to receive, oral or written statements about the application from the human rights advocate, individuals affected by the variance, and other interested persons. 2. The LHRC shall review the application and prepare a written report of facts, which shall include its recommendation for approval, disapproval, or modification. The LHRC shall send
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