§ 3700.5. Waivers.

 (a)  A waiver of a requirement of this chapter may be requested, by the legal entity, as specified in procedures established by the Department.

 (b)  Approval to waive a requirement of this chapter may be granted if the Department has determined that the need for the waiver is not due to simple noncompliance with this chapter, and the approval:

   (1)  Does not alter the applicability, scope or purpose of this chapter.

   (2)  Is based on evidence, supplied by the requesting agency, that the objective of the requirement will be achieved in another way.

   (3)  Is based on evidence, supplied by the requesting agency, that a waiver will have no adverse effect on the health, safety and rights of children.

   (4)  Does not violate or condone noncompliance with Federal statutes and regulations or State statutes and regulations other than the requirement of this chapter for which the waiver is approved.

   (5)  Does not jeopardize receipt of Federal monies.

Authority

   The provisions of this §  3700.5 issued under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. § §  201—211, 701—774, 901—922 and 1001—1080).

Source

   The provisions of this §  3700.5 adopted January 23, 1987, effective January 24, 1987, 17 Pa.B. 392.



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