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Variances to licensing rules

Variances to rules that do not affect the health or safety of persons in a licensed program can be granted if the following conditions are met:

  • The variance must be requested by an applicant or license holder on a Variance Request DHS-3141 (PDF) and in a manner prescribed by the commissioner.
  • The request for a variance must include the reasons that the applicant or license holder cannot comply with a requirement as stated in the rule and the alternative equivalent measures that the applicant or license holder will follow to comply with the intent of the rule.
  • The request must state the period of time for which the variance is requested. 
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