The Georgia Board of Health Care Workforce (GBHCW), in compliance with O.C.G.A. § 50-13-9.1(c), is authorized to grant a variance or waiver to a rule when a person subject to the rule adequately demonstrates that the purpose of the underlying statute upon which the rule is based can be or has been achieved by other specific means which are agreeable to the person seeking the variance or waiver and that strict application of the rule would create a substantial hardship to such person.
Except as provided in O.C.G.A. 50-13-19.1(h), a person who is subject to regulation by the GBHCW may file a petition with the agency requesting a variance or waiver from the board’s rule. In addition to any other requirements which may be imposed by the Board, each petition shall specify the following:
1.) The rule from which a variance or waiver is requested (request will not be processed without this information included in the petition);
2.) The type of action requested (by the petitioner);
3.) The specific facts of substantial hardship which would justify a variance or waiver for the petitioner, including the alternative standards which the person seeking the variance or waiver agrees to meet and a showing that such alternative standards will afford adequate protection for the public health, safety and welfare;
4.) The reason why the variance or waiver requested would serve the purpose of the underlying statute.
Exceptions to Waiver or Variance Requests: The provisions of O.C.G.A. § 50-13-9.1(c) shall not apply, as stipulated in O.C.G.A. § 50-13-19.1(h), and no variance or waiver shall be sought or authorized, when:
1.) Any agency rule or regulation has been adopted or promulgated in order to implement or promote a federally delegated program;
2.) Any rule or regulation is promulgated or adopted by the Department of Corrections concerning any institutional operations or inmate activities;
3.) Any rule or regulation is promulgated or adopted by the State Board of Pardons and Paroles regarding clemency considerations and actions;
4.) Any rule or regulation is promulgated or adopted by the Department of Community Health;
5.) Any rule or regulation is promulgated or adopted by the Department of Agriculture;
6.) Any rules, regulations, standards or procedures are adopted or promulgated by the Department of Natural Resources for the protection of the natural resources, environment, or vital areas of this state; or,
7.) The granting of a waiver or variance would be harmful to the public health, safety, or welfare.
Members of the public wishing to comment on any pending waiver or variance posted on this web page may do so in writing to the Board at 2 Peachtree Street NW, 6th Floor, Atlanta, Georgia 30303 or by e-mail at [email protected]. Please direct your comments to the attention of the Executive Director.
GBHCW must provide to the public a register of all pending requests for variances and waivers and all approved variances and waivers. Requests for and approval of a waiver of a rule or variance must be posted on the Board's site as maintained by the Georgia Technology Authority.
Applicants seeking a “variance form” or “waiver of” rules should download the Petition for Variance and/or Waiver Form below. Please complete the forms in their entirety. Do not leave any blank answers. Please return the form by mail to the address above and to the attention of the Executive Director.
Please click on one of the following links to download the posted information or forms:
If you have questions regarding completing this form or are not able to access these forms, please call us at (404) 232-7972 or reach us by email at [email protected]. We will gladly mail you the pre-printed forms you are seeking. Alternatively, you may write to us at the address cited above to request the forms.
DISCLAIMER: Please note that the staff of the GBHCW is prohibited from giving legal advice or an opinion regarding your application. Any opinion given to you by a member of the GBHCW staff is not binding on the Board. Applicants for a variance or waiver of a rule may wish to consult an attorney of their choice for legal advice. This information and the necessary forms are provided in compliance with O.C.G.A. § 50-13-19.1(c) and as a convenience to the users of our web site.