N.H. Admin. Code § Rab 201.02 - Petitions for Waiver
(a) Any interested person may request the
board to waive any rule not covered by Plc 2011 by filing an original and 6
copies of a petition to the real estate appraisers board which identifies the
rule in question and sets forth specific facts and arguments which support the
requested waiver.
(b) Petitions for
waivers of substantive rules shall address whether:
(1) Adherence to the rule would cause the
petitioner hardship;
(2) The
requested waiver is necessary because of any neglect or misfeasance on the part
of the petitioner;
(3) Waiver of
the rule would be consistent with the statutes administered by the board;
and
(4) Waiver of the rule would
injure third persons.
(c)
If examination of the petition reveals that other persons would be
substantially affected by the proposed relief, the board shall require service
of the petition on each such persons and advise each that she or he may file a
reply to the petition.
(d) The
petitioner shall provide further information or participate in such evidentiary
or other proceedings as ordered by the board as necessary to complete action on
the petition.
(e) A petition for
waiver of a rule which does not contain the information required in (b) above
shall be denied without further notice or hearing.
(f) The board shall grant petitions for
waiver of a rule upon finding that good cause exists to do so based on the
information supplied by the petitioner pursuant to
Rab
201.01(b).
(g) The board shall, if good cause to do so
exists, initiate waiver or suspension of a substantive rule upon its own motion
by providing affected parties with notice and an opportunity to be heard, and
issuing an order which finds that:
(1)
Adherence to the rule would cause the petitioner undue personal
hardship;
(2) There is no neglect
or misfeasance on the part of the petitioner;
(3) Waiver of the rule would be consistent
with the statutes administered by the board; and
(4) Waiver of the rule would not injure third
persons.
Notes
(See Revision Note at chapter heading for Rab 100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
Source. #9017, eff 11-1-07
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.