RSA He-C 6910.20 - Waiver of Rules

(a) A parent who requests a waiver of a requirement in He-C 6910 shall submit the request in writing to DHHS and include the following information:

(1) The parent's name, address, telephone number, and case number, if applicable;

(2) The specific reference to the section of the rule for which a waiver is being requested;

(3) An explanation of why a waiver is necessary and the length of time, not to exceed 92 calendar days, for which the waiver is being requested;

(4) A written plan to achieve compliance with the rule or an explanation on how the parent will satisfy the intent of the rule, if the waiver is granted; and

(5) The dated signature of the parent.

(b) A waiver shall be granted to the parent if:

(1) DHHS concludes that authorizing deviation from compliance with the rule from which the waiver is sought does not contradict the intent of the rule or conflict with statute; and

(2) The alternative proposed ensures that the object or intent of the rule will be accomplished.

(c) When a waiver is approved, the parent's subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which the waiver was sought.

(d) DHHS shall not approve any request for a waiver of any of the provisions relevant to state or federal law or any rules of other state agencies which are referred to in this chapter.

(e) No provision or procedure prescribed by statute shall be waived.

(f) A waiver shall be granted in writing for the length of time requested in (a)(3) above, from the date the waiver was granted.

Notes

RSA He-C 6910.20

#7723, eff 7-1-02; ss by #8377, eff 6-21-05);(See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; amd by #9770-A, eff 8-25-10; ss by #10120, eff 5-7-12

Amended by Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12221, Effective 7/10/2017, 7/10/2027. Amended by Volume XL Number 27, Filed July 9, 2020, Proposed by #13063, Effective 7/1/2020, Expires 7/1/2030 Amended by Number 50, Filed December 14, 2023, Proposed by #13799, Effective 10/28/2023, Expires 10/28/2033. Amended by Number 24, Filed June 13, 2024, Proposed by #13951, Effective 4/30/2024, Expires 4/30/2034.