40-7A-5. Variances.
Upon written application from a child placement agency or foster home, the division in exercise of its sole discretion may issue a variance which permits a noncompliance with the division's regulations. The variance shall be in writing and may be temporary or permanent. No variance shall be issued which is contrary to the Child Placement Agency Licensing Act [40-7A-1 NMSA 1978]. There shall be no right to a variance.