Section 346.07. Variances.

 

(1)  The department may grant a variance to a provision of this chapter, except that no variance may be granted to the provisions of ss. DOC 346.14 (1) and (3) and 346.15 (3) (a) and (d) .

(2)  In order to obtain a variance, the superintendent shall demonstrate in writing that strict enforcement of the rule would result in unreasonable hardship for administration of the facility and that the variance would provide equivalent or better protection for the health, safety, welfare and rights of juveniles and the public.

(3)  The department may impose specific conditions including reasonable time limits on a variance in order to protect the health, safety, rights or welfare of juveniles or the public.

(4)  Violation of any condition under which a variance is granted constitutes a violation of this chapter. Upon finding that there has been a violation of a condition of the variance, the department may revoke the variance and require strict enforcement of the rule.

History: CR 09-039 : cr. Register October 2010 No. 658 , eff. 11-1-10.