N.H. Admin. Code § Box 204.05 - Processing of Petitions for Waiver and Declaratory Rulings

(a) If the commission determines that the petition for waiver or declaratory ruling is deficient, the commission shall notify the petitioner within 30 days, in writing, of the specific deficiencies and allow the petitioner to amend the petition.

(b) The commission shall take one of the following actions in response to a petition for waiver of any rule in Box 200:

(1) Grant the petition if:

a. Good cause exists for the requested action; and

b. The interest of the parties to the proceeding will not be prejudiced by the waiver; or

(2) Deny the petition, in writing, stating fully the reasons for denial.

(c) For the purposes of this section, good cause shall exist when the requested action would be more likely to promote the fair, accurate and efficient resolution of issues pending before the commission than would adherence to a particular rule or procedure.

(d) The commission shall take one of the following actions in response to a petition for waiver of a rule in Box 300-800:

(1) Grant the petition if the requested action is:

a. Within the commission's authority;

b. Consistent with state and federal law and policy; and

c. In the best interest of the petitioner to the extent necessary to ameliorate undue hardship; or

(2) Deny the petition, in writing, stating fully the reasons for denial.

(e) The commission shall take one of the following actions in response to a petition for declaratory ruling:

(1) Issue a declaratory ruling responsive to the petition within 90 days; or

(2) If deemed necessary, request the opinion of the department of justice and issue a declaratory ruling within 90 days following receipt of the department of justice opinion.

Notes

N.H. Admin. Code § Box 204.05

#10482, eff 12-5-13