Section He-C 6339.21 - Waivers(a) Applicants or providers who request a waiver of a requirement in He-C 6339 shall submit a written request to the commissioner or his or her designee that includes the following information: (1) The anticipated length of time the requested waiver will be needed;(2) The reason for requesting the waiver;(3) Assurance that if the waiver is granted the quality of service and care to children, youth and families will not be affected;(4) A written plan to achieve compliance with the rule or explaining how the provider will satisfy the intent of the rule, if the waiver is granted;(5) How the service will be affected if the waiver is not granted;(6) Evidence that the agency's board of directors has approved the waiver request, such as, minutes of the board meeting documenting that the request was approved or a signature of the board's president or chairman; and(7) A statement that the rule for which a waiver is being requested is not related to compliance with the life safety code or environmental health and safety issues, unless approved in writing by the fire inspector, local health officer, or public health services.(b) A waiver shall be granted if: (1) The department concludes that authorizing deviation from compliance with the rule from which waiver is sought does not contradict the intent of the rule; and(2) The alternative proposed ensures that the object or intent of the rule will be accomplished.(c) When a waiver is approved, the applicant's or provider's subsequent compliance with the alternative approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.N.H. Admin. Code § He-C 6339.21
(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08
Amended by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11180, Effective 9/19/2016, Expires 3/18/2017.Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12136, Effective 3/18/2017, Expires 3/18/2027.