Section He-C 6349.17 - Waivers(a) Applicants or providers who request a waiver of a requirement in He-C 6349 shall submit a written request to the commissioner or his or her designee that 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 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; and(5) How the service will be affected if the waiver is not granted.(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 and shall not affect the health and safety of the child.(c) When a waiver is approved, the applicant or provider shall be considered in compliance with the rule from which waiver was sought.N.H. Admin. Code § He-C 6349.17
(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08
Amended by Volume XXXVI Number 36, Filed September 8, 2016, Proposed by #11166, Effective 9/19/2016, Expires 3/18/2017.