32.1-111.9 - Applications for variances or exemptions.

§ 32.1-111.9. Applications for variances or exemptions.

Prior to the submission to the Commissioner of Health by an agency, entity,or provider licensed or certified by the Office of Emergency Medical Servicesof an application for a variance, or to the Board of Health for an exemptionfrom any regulations promulgated pursuant to this chapter, the applicationshall be reviewed by the governing body of the jurisdiction in which theprincipal office or legal residence of the agency, entity, or providerlicensed or certified by the Office of Emergency Medical Services is located.The recommendation of the governing body regarding the variance or exemptionshall be submitted with the application; and, absent compelling reasons tothe contrary, the Commissioner or Board, whichever is appropriate, shalladopt that recommendation for the purposes of granting or denying thevariance or exemption.

The applicant shall have the right to appeal any denial by the Commissioneror Board of an application for a variance or exemption pursuant to theAdministrative Process Act (§ 2.2-4000 et seq.).

(1996, c. 899; 2008, c. 61.)