Section Geo 218.01 - Petitions for Waiver(a) Any interested person may request the board to waive or suspend any rule not covered by Geo 203.03 by filing an original and 6 copies of a petition pursuant to Geo 206.02(b) which also identifies the rule in question and sets forth specific facts and arguments which support the requested waiver.(b) Petitions for waivers of substantive rules shall address whether: (1) Adherence to the rule would cause the petitioner hardship;(2) The requested waiver is necessary because of any neglect or misfeasance on the part of the petitioner;(3) Waiver of the rule would be consistent with the statutes administered by the board;(4) Waiver of the rule would injure third persons; and(5) Other good cause for waiving the rule exists.(c) If examination of the petition reveals that other persons would be substantially affected by the proposed relief, the board shall require service of the petition on each such persons and advise each that she or he may file a reply to the petition pursuant to Geo 206.02(c).(d) The petitioner shall provide further information or participate in such evidentiary or other proceedings ordered by the board as necessary to complete action on the petition.(e) A petition for waiver of a rule which does not contain the information required in (b) above shall be denied without further notice or hearing.(f) The board shall grant petitions for waiver of a rule upon finding that good cause exists to do so based on the information supplied by the petitioner pursuant to Geo 218.01(b).(g) The board shall, if good cause to do so exists, initiate waiver or suspension of a substantive rule upon its own motion by providing affected parties with notice and an opportunity to be heard, and issuing an order which finds that: (1) Adherence to the rule would cause the petitioner undue personal hardship;(2) There is no neglect or misfeasance on the part of the petition;(3) Waiver of the rule would be consistent with the statutes administered by the board; and(4) Waiver of the rule would not injure third persons.N.H. Admin. Code § Geo 218.01
Derived From Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12151, Effective 3/24/2017.