N.H. Admin. Code § Arch 201.02 - Waiver of Administrative Rules

(a) The board shall initiate a waiver of a substantive rule upon its own motion by providing affected parties with notice and opportunity to be heard, and issuing an order which finds that waiver would be necessary to advance the purpose of RSA 310-A:28 through RSA 310-A:52.

(b) Individuals who wish to request a waiver of a rule shall submit a written request to the board, which includes:

(1) The rule for which a waiver is requested;

(2) The anticipated length of time the requested waiver will be needed;

(3) The reason for requesting the waiver;

(4) Evidence of how the waiver will provide for the health and safety of the consumer or licensee;

(5) A time-limited written compliance plan which sets forth plans to achieve compliance including an estimated date of compliance; and

(6) The signature of the applicant.

(c) The board shall consider the following when determining whether to approve or deny a waiver:

(1) If adherence to the rule would cause the petitioner unnecessary or undue hardship;

(2) If the requested waiver is necessary because of any neglect or misfeasance on the part of the practitioner;

(3) Would enforcement of the rule injure a third person(s); and

(4) Would waiver of the rule injure a third person(s).

(d) The board shall approve a waiver of an administrative rule request only if:

(1) Granting a waiver does not have the effect of waiving or modifying a provision of RSA 310-A;

(2) The petitioner has shown good cause exists pursuant to (c) above to waive the rule; and

(3) The board determines that the individual's plans for compliance with the rule includes an estimated date of compliance and eventual compliance.

(e) If the board, after receiving and reviewing a request for a waiver, requires further information or documents to determine granting or denying the waiver shall:

(1) Notify the applicant in writing within 30 days; and

(2) Specify the information or document the board requires.

(f) The board shall issue a written approval or denial of the waiver within 60 days of the date that the request is received, unless additional information or documentation is required. If additional information and documentation is required, then the board shall issue a written approval or denial within 60 days of receiving the requested information or documentation.

Notes

N.H. Admin. Code § Arch 201.02

Derived from Number 45, Filed November 9, 2023, Proposed by #13768, Effective 12/5/2023 (See Revision Note at chapter heading for Arch 200).