(a) In order to encourage the development of appropriate programs that will enable foster youth to live on their own in the community, a waiver of the provisions of this Part may be granted by OCFS to authorized agencies which propose to operate or which operate supervised independent living programs and supervised independent living units. Such waiver may be granted only after an authorized agency has submitted to OCFS a plan which describes the operation or proposed operation of the authorized agency's supervised independent living program and demonstrates that granting the waiver will not create any hazardous conditions which could impair the health or safety of the youth, and OCFS has approved the waiver plan in writing.

(b) An authorized agency which operates a supervised independent living program and which has applied for a waiver must comply with the provisions of this Part until OCFS approves the requested waiver in writing.

(c) An authorized agency which does not operate a supervised independent living program but proposes to do so subject to a waiver and which submits a waiver plan to OCFS pursuant to this subdivision may not operate the supervised independent living program or supervised independent living unit until such waiver plan has been approved pursuant to this subdivision.