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.

DHS 132.21(3)(d) (d) Revocation. The department may revoke a waiver or variance if:

DHS 132.21(3)(d)1. 1. It is determined that the waiver or variance is adversely affecting the health, safety or welfare of the residents; or

DHS 132.21(3)(d)2. 2. The facility has failed to comply with the variance as granted; or

DHS 132.21(3)(d)3. 3. The licensee notifies the department in writing that it wishes to relinquish the waiver or variance and be subject to the rule previously waived or varied; or

DHS 132.21(3)(d)4. 4. Required by a change in law.

DHS 132.21 History History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (3) (a) 1. d., Register, January, 1987, No. 373, eff. 2-1-87.

subch. III of ch. DHS 132 Subchapter III — Residents’ Rights and Protections

DHS 132.31 DHS 132.31 Rights of residents.

DHS 132.31(1) (1) Residents’ rights. Every resident shall have the right to all of the following: