Instructions For Requesting A Variance Or Exception To Regulation printable pdf download

Instructions For Requesting A Variance Or Exception To Regulation

Vermont Agency of Human Services; Department for Children and Families

Child Development Division; Child Care Licensing Unit

INSTRUCTIONS FOR REQUESTING A

VARIANCE or EXCEPTION TO REGULATION

(A)

Child care providers and applicants regulated by the Child Development Division, as well as

applicants or recipients of services or benefits from the Division, may apply for a variance from

a regulation. Variances are sometimes called exceptions or waivers. The discretion to grant a

variance lies solely with the Department. The burden is on you to make the case that a

regulation should be varied or not applied to you and your situation.

(B)

To apply for a variance from a regulation, submit your request in writing to the Division.

Use the form that is attached and include the following information if it applies to your

situation:

1. List the specific regulation(s) and describe why a strict application of the

regulation or requirement is impractical, should not apply in your situation,

would cause you substantial hardship, or is otherwise unwarranted or

unnecessary.

2. Explain how or why the proposed or existing building, child care program or

person(s) does not meet the regulation or why you will be unable to meet the

regulation in the future.

3. Explain why it would be fair to vary a regulation in your case when other

people must meet the regulation. In other words, explain why your case is

special and you or your program should not be treated like everyone else who

is subject to the same regulations.

4. Offer a plan or alternative to the regulation. Include reasons or proof that

your alternative plan

meets the intent of the regulation and

provides for the

same protection, care, and/or supervision of children as required by the

regulation.

5. Attach additional information that might lend support to your request. This

might include evidence, such as documents or letters from other people that

shows your case or request deserves special treatment.

Instructions For Requesting A Variance Or Exception To Regulation