N.H. Admin. Code § He-C 201.08

Current through Register No. 50, December 12, 2024
Section He-C 201.08 - Waiver or Suspension of Procedural Rules
(a) Upon the presiding officer's own motion or based upon a motion from a party, the presiding officer shall waive any requirement or limitation imposed by this chapter when:
(1) The affected parties have been notified of the proposed waiver and given an opportunity to object;
(2) The waiver would likely promote the fair, accurate and efficient resolution of issues pending before the department; and
(3) The waiver does not conflict with any statute.
(b) If any provision of this chapter is determined by the presiding officer to conflict with any federal procedural requirement with which the department has agreed to comply:
(1) That provision shall be deemed to be waived in favor of the applicable federal procedural requirement for purposes of each hearing involving questions subject to that federal procedural requirement; and
(2) The presiding officer shall note such waiver in the record of the hearing.

N.H. Admin. Code § He-C 201.08

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07