Section He-C 6341.18 - Waivers(a) Applicants who request a waiver of a requirement in He-C 6341 shall submit a written request to the commissioner or his or her designee, which includes the following information: (1) The reason for requesting the waiver;(2) The anticipated length of time the requested waiver will be needed;(3) Assurance that if the waiver is granted the quality of services 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; and(6) The signature of the person requesting the waiver.(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 or conflict with statute; 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 6341.18
(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09
Amended by Volume XXXVIII Number 23, Filed June 7, 2018, Proposed by #12535, Effective 5/24/2018, Expires 11/20/2018.Amended by Volume XXXVIII Number 50, Filed December 13, 2018, Proposed by #12684, Effective 11/30/2018, Expires 11/30/2028.