N.H. Code Admin. R. Psyc 203.01 - Waiver of Procedural Rules

(a) No procedural requirement of the rules in this chapter shall be waived, except for good cause as provided herein.
(b) For the purposes of this section, good cause shall be deemed to exist if:
(1) Adherence to the rule would cause undue hardship to any party by:
a. Imposing unreasonable delay in the implementation of relief;
b. Imposing unreasonable delay in the provision of treatment; or c. Imposing unreasonable and avoidable financial burdens upon a party;
(2) Waiver of the rule would be consistent with the enabling statutes and rules of the board;
(3) Waiver of the rule would not injure third persons;
(4) Waiver is made necessary by factors outside the control of the petitioner; and
(5) Waiver is not made necessary by neglect or malfeasance on the part of the petitioner.
(c) The procedures to be followed in the conduct of any adjudicative proceeding shall be subject to waiver by the presiding officer based upon:
(1) The request of any party to the proceeding;
(2) A request assented to by all parties to the proceeding; or
(3) The determination of the presiding officer following notice to all parties and an opportunity for any party to be heard in opposition to the proposed waiver.
(d) The procedures to be followed in the conduct of any annual, regular, or special meeting of the board, or any public comment proceeding, shall be subject to waiver by the chairperson of the board upon the request of any participant in such proceeding.
(e) Notwithstanding (c) above, the decision of the presiding officer to waive such procedures shall be overruled by a majority vote of the quorum of the board disapproving of such action, in which case the applicable provisions of these rules shall be followed.
(f) In a proceeding requesting rulemaking or a declaratory ruling, no waiver of required procedures shall be granted other than by a petition to waive such procedures filed with the board.
(g) The person requesting relief shall:
(1) File an original and 10 copies of the petition with the board;
(2) In such petition, clearly identify the rule in question and the relief requested; and
(3) In such petition, set forth specific facts and/or legal arguments which support the requested waiver.
(h) In a proceeding under (d) or (f) above, the board shall consider the petition and rule upon the same only in a public meeting duly noticed to the parties and the public in accordance with RSA 91-A.


N.H. Code Admin. R. Psyc 203.01
Derived From Volume XXXVI Number 49, Filed December 8, 2016, Proposed by 12035-A, Effective 11/4/2016.

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