N.H. Admin. Code § Cor 217.01 - Waiver of Rules other than Cor 200

(a) Any interested person may request the commissioner to waive a rule. A waiver shall be requested by filing a petition that identifies the rule in question and sets forth the specific facts and arguments that support the waiver.

(b) Petitions for waiver shall address, at a minimum, whether:

(1) Adherence to the rule would cause the petitioner hardship, in that the burden to the petitioner of adherence to the rule would far outweigh the rationale for the rule;

(2) Waiver of the rule would be consistent with the statutes and regulatory programs administered by the department;

(3) Waiver of the rule would injure third persons; and

(4) Waiver is necessary due to factors outside the control of the petitioner.

(c) If examination of the petition reveals that the proposed relief might substantially affect other persons, the commissioner shall require the petitioner to provide notice to those persons. The department shall afford affected persons the opportunity for hearing prior to ruling on the request for waiver.

(d) A petition for waiver of a rule that does not allege material facts, which, if true, would be sufficient to support the requested waiver, shall be denied without further notice or hearing.

(e) The commissioner shall issue a written decision on a request for waiver within 30 days of the receipt of a complete petition. A request for waiver shall be granted for good cause.

(f) For the purposes of this section, good cause shall be deemed to exist if, at a minimum, the petitioner has demonstrated that:

(1) Adherence to the rule would cause the petitioner hardship, in that the burden to the petitioner of adherence to the rule would far outweigh the rationale for the rule;

(2) Waiver of the rule would be consistent with the statutes and regulatory programs administered by the department;

(3) Waiver of the rule would not injure third persons; and

(4) Waiver is necessary due to factors outside the control of the petitioner.

Notes

N.H. Admin. Code § Cor 217.01

#9507-B, eff 7-8-09

Amended by Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12395, Effective 9/29/2017, Expires 3/28/2018. Amended by Volume XXXVIII Number 15, Filed April 12, 2018, Proposed by #12501, Effective 3/23/2018.