DHS 132.16(3)(h)(h) Prepare an annual report to the secretary.
DHS 132.16(4)(4)A decision under sub. (3) (c) to defer or deny approval of or award funds for a proposal may not be appealed.
DHS 132.16 HistoryHistory: CR 06-053: cr. Register August 2007 No. 620, eff. 9-1-07; CR 13-028: am. (1) Register December 2013 No. 696, eff. 1-1-14.
subch. II of ch. DHS 132Subchapter II — Enforcement
DHS 132.21DHS 132.21Waivers and variances.
DHS 132.21(1)(1)Definitions. As used in this section:
DHS 132.21(1)(a)(a) “Waiver” means the grant of an exemption from a requirement of this chapter.
DHS 132.21(1)(b)(b) “Variance” means the granting of an alternate requirement in place of a requirement of this chapter.
DHS 132.21(2)(2)Requirements for waivers or variances. A waiver or variance may be granted if the department finds that the waiver or variance will not adversely affect the health, safety, or welfare of any resident and that:
DHS 132.21(2)(a)(a) Strict enforcement of a requirement would result in unreasonable hardship on the facility or on a resident; or
DHS 132.21(2)(b)(b) An alternative to a rule, including new concepts, methods, procedures, techniques, equipment, personnel qualifications, or the conducting of pilot projects, is in the interests of better care or management.
DHS 132.21(3)(3)Procedures.
DHS 132.21(3)(a)(a) Applications.
DHS 132.21(3)(a)1.1. All applications for waiver or variance from the requirements of this chapter shall be made in writing to the department, specifying the following:
DHS 132.21(3)(a)1.a.a. The rule from which the waiver or variance is requested;
DHS 132.21(3)(a)1.b.b. The time period for which the waiver or variance is requested;
DHS 132.21(3)(a)1.c.c. If the request is for a variance, the specific alternative action which the facility proposes;
DHS 132.21(3)(a)1.d.d. The reasons for the request; and
DHS 132.21(3)(a)1.e.e. Justification that sub. (2) would be satisfied.
DHS 132.21(3)(a)2.2. Requests for a waiver or variance may be made at any time.
DHS 132.21(3)(a)3.3. The department may require additional information from the facility prior to acting on the request.
DHS 132.21(3)(b)(b) Grants and denials.
DHS 132.21(3)(b)1.1. The department shall grant or deny each request for waiver or variance in writing. Notice of denials shall contain the reasons for denial. If a notice of denial is not issued within 60 days after the receipt of a complete request, the waiver or variance shall be automatically approved.
DHS 132.21(3)(b)2.2. The terms of a requested variance may be modified upon agreement between the department and a facility.
DHS 132.21(3)(b)3.3. The department may impose such conditions on the granting of a waiver or variance which it deems necessary.
DHS 132.21(3)(b)4.4. The department may limit the duration of any waiver or variance.
DHS 132.21(3)(c)(c) Hearings.
DHS 132.21(3)(c)1.1. Denials of waivers or variances may be contested by requesting a hearing as provided by ch. 227, Stats.
DHS 132.21(3)(c)2.2. The licensee shall sustain the burden of proving that the denial of a waiver or variance was unreasonable.