N.H. Admin. Code § Rko 223.03 - Standard

The ombudsman shall grant a petition for waiver or suspension of a rule if the ombudsman concludes:

(a) That the petitioner has established that:

(1) The petitioner would suffer an unavoidable hardship by application of the rule;

(2) Waiver or suspension would not conflict with statutes or case law, or with the purposes of RSA 91-A:7-b;

(3) Waiver or suspension would not impose an unavoidable hardship on a third party; and

(4) Waiver or suspension is necessary due to factors outside the control of the petitioner; or

(b) That the petitioner has established that waiver or suspension is necessary to:

(1) Comply with the law;

(2) Advance the purposes of RSA 91-A:7-b; or

(3) Lend effect to the provisions of RSA 91-A.

Notes

N.H. Admin. Code § Rko 223.03

Derived from Number 19, Filed May 9, 2024, Proposed by #13921, Effective 5/20/2024.