N.J. Admin. Code § 13:70-1.39 - Waiver of the Commission's rules

(a) Any person or entity desiring a waiver or release from the express provisions of the Commission's rules in this chapter, N.J.A.C. 13:71, N.J.A.C. 13:72 and N.J.A.C. 13:74 shall submit a written request to the Commission, to the attention of the Executive Director, in accordance with the provisions below. Any such request shall set forth in detail all facts that support the necessity of the requested relief and identify all persons or entities who might be affected if the relief were granted.

(b) The Commission may, within its discretion, grant a waiver from specific provisions of its rules if it determines:

1. That such a waiver will benefit the horse racing industry in this State;

2. That such a waiver is consistent with the intent of, if not the letter of, its rules; or

3. Where strict application of the rule would create an unnecessary hardship that is contrary to the legislative intent of the underlying statutes, the public interest or the integrity of the sport.

(c) The Commission may waive application of any rule in an individual circumstance on its own motion upon finding that such relief is warranted by the factors set forth in (b) above.

(d) The Commission shall not grant a waiver of its rules where to do so would be contrary to or inconsistent with an applicable statute.

(e) All decisions on requests for waiver shall be made at a public meeting of the Commission.

Notes

N.J. Admin. Code § 13:70-1.39

New Rule, R.2008 d.339, effective 11/17/2008.
See: 40 N.J.R. 4295(a), 40 N.J.R. 6620(a).