Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 3 - Barrier Crimes and Conditions; Background Checks › 7 AAC 10.930 - Request for a variance

Current through May 31, 2024
(a) Except for a crime or condition listed in
				  (g) of this section, if a provider or an applicant is notified under 7 AAC 10.915(d) or 7 AAC 10.927(c) that a barrier crime or condition exists under 7 AAC 10.900 - 7 AAC 10.990. the provider or the applicant may request a variance
				  under this section. The request must be submitted to the provider's oversight
				  division. The request must be submitted no later than 90 days after the
				  department issues notification under 7 AAC 10.915(d) that a barrier crime or
				  condition exists or the department issues a notice of decision under 7 AAC 10.927(c) denying a request for a redetermination, whichever date is later. The
				  request must be submitted on a form provided by the department, and must
				  include the following:
(1) a comprehensive
				  rationale for granting a variance;
(2) a demonstration of how the health,
				  safety, and welfare of recipients of services will be adequately
				  protected;
(3) copies of all known
				  and available information relevant to determining whether the health, safety,
				  and welfare of recipients of services are adequately protected, including the
				  following information regarding the individual for whom a variance is sought:
(A) a copy of that individual's record of, or
				  if a record is inapplicable, a statement that the individual has no record of
(i) any protective order issued or filed
				  under AS 18.66 (Domestic Violence and Sexual Assault) or a substantially
				  similar law or ordinance of another jurisdiction;
(ii) conviction;
(iii) indictment or presentment, or of
				  charging by information or complaint;
(iv) having been charged with a crime,
				  without subsequent conviction;
(v)
				  having been charged with a crime that was reduced to a lesser charge;
(vi) having been charged with a crime for
				  which a suspended imposition of sentence was granted by the court;
				  and
(vii) any circumstance that led
				  to a barrier condition under
				  7 AAC 10.915;
(B) if the individual was incarcerated,
(i) a copy of the order from the local,
				  state, or federal jurisdiction that released the individual from
				  incarceration;
(ii) the date of
				  release from incarceration; and
(iii) any terms and conditions of
				  parole;
(C) if the
				  individual was sentenced and, as a part of that sentence, the individual was
				  placed on supervised or unsupervised probation, a copy of the terms and
				  conditions of probation;
(D) the
				  extent, nature, and seriousness of the following:
(i) the individual's offense and past
				  criminal record;
(ii) a behavioral
				  health problem if it exists;
(iii)
				  a domestic violence problem if it exists;
(iv) any circumstance that led to a barrier
				  condition under
				  7 AAC 10.915;
(E) the age of the individual at the time of
				  the offense, problem, or circumstance;
(F) the amount of time that has elapsed since
				  the most recent offense, problem, or circumstance;
(G) evidence of rehabilitation, prevention,
				  or treatment efforts;
(H) any other
				  evidence of the individual's present fitness, including at least two letters of
				  recommendation from credible persons who are aware of the individual's
				  background history, behavioral health problem, or domestic violence problem,
				  and who would, despite that knowledge, recommend that a variance be granted;
				  any letters must be from persons who are unrelated to the individual for whom
				  the variance is requested and who are not associated with a provider who
				  submitted the request for a variance; nothing in this subparagraph precludes
				  the provider or an applicant from submitting additional letters of
				  recommendation;
(I) information
				  related to job responsibilities that would be performed, hours and days of
				  service, whether the individual would be in contact with recipients of
				  services, and plans for supervision, including whether the individual would be
				  subject to direct supervision while on the premises during hours of
				  operation;
(4) a
				  statement from the individual requesting a variance that describes all actions
				  that the individual has taken to reduce the risk of reoffending, including
				  proof of active participation in or completion of any treatment program
				  required by a court; the statement must also include
(A) a detailed description of any mitigating
				  circumstances that were involved at the time of the offense;
(B) a description of the individual's
				  educational and employment history; and
(C) evidence that the individual is licensed
				  under AS 08, or became licensed after the individual was convicted of the
				  offense or after the department under 7 AAC 10.915 determined a barrier
				  condition to exist.