Section 3680.5. 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, which shall be supplied by the legal entity, that the objective of the requirement is being met in another way.

(3) Is based on evidence, which shall be supplied by the legal entity, that a waiver will have no adverse effect on the health, safety and rights of a child.

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

(5) Does not jeopardize receipt of Federal monies.

(6) Is not contrary to a provision in this chapter which may specifically disallow the waiver of a certain requirement.

The provisions of this § 3680.5 amended January 23, 1987, effective January 24, 1987, 17 Pa.B. 392. Immediately preceding text appears at serial pages (88804) to (88805).

Notation

Authority

The provisions of this § 3680.5 amended under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. § § 201—211, 701—774, 901—922 and 1001—1080).