Section Adm 804.01 - Waiver Procedure(a) A waiver from the provisions of these rules shall be granted by the commissioner if requested by an agency and the commissioner concludes that:(1) The waiver is allowed by law;(2) The agency is required by law or by instruction of the governor and executive council to meet a deadline to obtain leased space sooner than the time periods established by these rules; and(3) The waiver is the result of circumstances beyond the agency's control.(b) An agency requesting a waiver under (a) above shall do so in a writing that contains a detailed description of why the waiver is necessary, including an explanation of how the request for a waiver comports with the standards set forth in (a) above.(c) The commissioner shall waive the provisions of these rules, regardless of whether an agency has so requested, if the commissioner concludes either that:(1) Waiver is required under the standards set forth at (a) above;(2) The purpose of the rule sought to be waived would be achieved even if waiver were given and the waiver is necessary to advance the purposes of RSA 21-I;(3) The waiver is required by law; or(4) A waiver is warranted to: a. Comply with the law relative to the topics set forth herein; orb. Achieve the purposes of RSA 21-I.(d) A waiver granted under this section shall not be permanent in nature and shall only apply to the particular circumstances giving rise to the issuance of the waiver.N.H. Admin. Code § Adm 804.01
Derived from Number 37, Filed September 14, 2023, Proposed by #13708, Effective 7/29/2023, Expires 7/29/2033 (see Revision Note at chapter heading for Adm 800).