Section 63.05. Waivers.

 

(1)   Policy. The department may grant a waiver of any requirement of this chapter when the department determines that granting a waiver would not diminish the effectiveness of the CSP, violate the purposes of the program, or adversely affect clients' health and welfare. The department may not grant a waiver of clients' rights under ch. DHS 94 or under other administrative rules, state statutes or federal regulations.

(2)   Waiver. A CSP may submit a request to the department for a waiver of any requirement in this chapter, except a requirement specified under s. DHS 63.08 (1) (a) .

(3)   Application. An application for a waiver under sub. (2) shall be made in writing to the department and shall specify:

1. The rule from which the waiver is requested;

2. The time-period for which the waiver is requested;

3. Any alternative action which the CSP proposes;

4. The reason for the request; and

5. Assurances that sub. (1) would be satisfied.

(4)   Grant or denial.

(a) The department may require additional information from the CSP before acting on a request for a waiver.

(b) The department shall grant or deny each request for waiver in writing. Notice of denial shall contain the reasons for denial. If a notice of a denial is not issued within 60 days after the receipt of a complete request, the waiver shall be automatically approved.

(c) The department may impose any conditions on the granting of a waiver which it deems necessary.

(d) The department may limit the duration of a waiver.

(e) The department's decision to grant or deny a waiver shall be final.

History: Cr. Register, April, 1989, No. 400 , eff. 5-1-89; correction in (1) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 .

Note

A request for a waiver should be addressed to the CSP Unit, Bureau of Community Mental Health, Division of Disability and Elder Services, P.O. Box 7851, Madison, WI 53707. Microsoft Windows NT 6.1.7601 Service Pack 1