N.H. Admin. Code § Adm 806.06

Current through Register No. 50, December 12, 2024

Section Adm 806.06 - Exemptions and Waivers from Public Notice Requirement

(a) The rental of space at no cost or at a cost less than the governor and council approval threshold for the total duration of the agreement shall be exempt from the notice, response, and initial selection requirements set forth in Adm 806.01 and Adm 806.03 through Adm 806.05 if:

(1) The agency submits to the division the information required by Adm 806.02; and

(2) The agency provides the division with a detailed written description of the reasons why the requested rental is in the best interest of the agency and the state as a whole.

(b) Notwithstanding (a) above, if an agency so desires, it may elect to utilize the notice, response, and initial selection requirements set forth in Adm 806.01 and Adm 806.03 through Adm 806.05 in the case of rentals of space at no cost or at a cost less than the governor and council approval threshold for the total duration of the agreement.

(c) The commissioner shall, on written request of an agency seeking a rental of space at a cost equal to or greater than the governor and council approval threshold, grant a waiver from the notice, response, and initial selection requirements set forth in Adm 806.01 and Adm 806.03 through Adm 806.05 if the commissioner concludes either that:

(1) The immediate procurement of rented space is necessary as the result of:

a. The partial or complete destruction of other space;

b. The existence of a health hazard;

c. Manmade or natural disasters;

d. Changes in statutory, case law, administrative rules, or the interpretation thereof; or

e. Other circumstances which render it necessary to procure space more swiftly than would be possible by the utilization of the notice, response, and initial selection requirements of these rules; or

(2) The proposed rental:

a. Relates to space that is, or will, prior to agency occupancy, be renovated, improved, modified, or otherwise changed to be in compliance with applicable handicapped accessibility standards, clean air standards, and applicable safety, fire, and building codes; and

b. Is in the best interests of the state and can be obtained at a cost that compares favorably to the current price of similar space for rent, or similar space that is currently rented by the state.

(d) In determining, under (c)(2)b. above, whether a rental is in the best interests of the state and can be obtained at a cost that compares favorably to the current price of similar space, the commissioner's assessment shall include, but not be limited to, an assessment of the possible disruption to public access and programs, the state's incurrence of relocation expenses, and lost productivity.

(e) A request for a waiver under (c)(2) above shall be rejected if any substantiated complaints relating to the issues described in (c)(2)a. above have been made against the property, or are revealed upon investigation of the proposed property by the division, and if the proposed lessor fails to produce evidence that the issues have been, or are scheduled to be, corrected.

N.H. Admin. Code § Adm 806.06

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).