Variances and waivers to regulatory requirements

(a) The department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for early care and education programs regulated by the department as follows: (1) The department may authorize departure from the literal requirements of a rule or regulation by granting a variance upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application would cause undue hardship. The applicant or petitioner additionally must show that adequate standards affording protection of health, safety, and care exist and will be met in lieu of the exact requirements of the rule or regulation in question; (2) The department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection of health, safety, and care; (3) The department may grant waivers and variances to allow experimentation and demonstration of new and innovative ap50 20-1A-15 proaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery; (4) Waivers or variances which affect an entire class of programs may only be approved by the board and shall be for a time certain, as determined by the board. A notice of the proposed variance or waiver affecting an entire class of programs shall be made in accordance with the requirements for notice of rule making in Chapter 13 of Title 50, the “Georgia Administrative Procedure Act”; or (5) Variances or waivers which affect only one program in a class may be approved or denied by the department and shall be for a time certain, as determined by the department. The department shall maintain a record of such action and shall make this information available to the board and all other persons who request it. (b) The department may exempt classes of programs from regulation when, in the department’s judgment, regulation would not permit the purpose intended or the class of programs is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the board. History. Code 1981, § 20-1A-14, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401. Editor’s notes. Ga. L. 2015, p. 965, § 1/HB 401, effective January 1, 2016, reenacted this Code section without change. 20-1A-15. Issuance of inspection warrants; evidence generated inadmissible in criminal proceedings. (a) As used in this chapter, the term “inspection warrant” means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions of laws authorizing licensure, inspection, or regulation by the department. (b) The commissioner or the commissioner’s delegate, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this Code section. Such warrant shall authorize the commissioner or the commissioner’s agents to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this chapter or any provision of law which authorizes licensure, inspection, or regulation by the department. (c) Inspection warrants shall be issued only by a judge of a court of 51 20-1A-16 record whose territorial jurisdiction encompasses the property to be inspected. (d) The issuing judge shall issue the warrant when such judge is satisfied that the following conditions are met: (1) The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and (2) The issuing judge determines that the issuance of the warrant is authorized by this Code section. (e) The inspection warrant shall be validly issued only if it meets the following requirements: (1) The warrant is attached to the affidavit required to be made in order to obtain the warrant; (2) The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection; (3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and (4) The warrant refers, in general terms, to the statutory or regulatory provisions sought to be enforced. (f) No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this chapter shall be competent as evidence in any criminal proceeding against any party. History. Code 1981, § 20-1A-15, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401. Editor’s notes. Ga. L. 2015, p. 965, § 1/HB 401, effective January 1, 2016, reenacted this Code section without change. 20-1A-16. Coordination of efforts between departments and agencies. It shall be the duty of all other state departments, agencies, officers, and employees to assure the most effective coordination and use of state resources, personnel, and facilities for the benefit of children and youths and to assist the department in effectuating the purposes of this 52 20-1A-18 chapter by making available to the department upon request of the board or commissioner and to the extent permissible by law the services, resources, personnel, and facilities of their respective departments and agencies. History. Code 1981, § 20-1A-16, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401. Editor’s notes. Ga. L. 2015, p. 965, § 1/HB 401, effective January 1, 2016, reenacted this Code section without change. 20-1A-17. Transfer of programs from Department of Education.