§ 253.12 Administrative waivers.

(a) The Administrator of the Food and Nutrition Service may waive or modify specific regulatory provisions contained in this part for one or more State agencies. Waivers may be issued only in the following situations: (1) The specific regulatory provision cannot be implemented due to extraordinary temporary situations; (2) FNS determines that the waiver would result in a more effective and efficient administration of the program; or (3) Unique geographic conditions within the geographic area served by the administering agency preclude effective implementation of the specific regulatory provision and require an alternate procedure. (b) FNS shall not approve waivers when: (1) The waiver would be inconsistent with the provisions of the Food and Nutrition Act of 2008; or (2) The waiver would result in material impairment of any statutory or regulatory rights of participants or potential participants. (c) FNS shall approve waivers for a period not to exceed one year unless the waiver is for an on-going situation. If the waiver is requested for longer than a year, appropriate justification shall be required and FNS will determine if a longer period is warranted and if so, the duration of the waiver. Extensions may be granted provided that State agencies submit appropriate justification to FNS. (d) When submitting requests for waivers, State agencies shall provide compelling justification for the waiver in terms of how the waiver will meet the conditions of paragraphs (a)(1), (2), and/or (3) of this section. At a minimum, requests for waivers shall include but not necessarily be limited to: (1) Reasons why the waiver is needed; (2) Anticipated impact on service to participants or potential participants who would be affected; (3) Anticipated time period for which the waiver is needed; and (4) Thorough explanation of the proposed alternative provision to be used in lieu of the waived or modified regulatory provision.