Current through Register No. 50, December 12, 2024
Section He-P 1404.06 - Waivers(a) Each person seeking a waiver of a specific rule in this chapter shall submit a written request for waiver to the commissioner which includes: (1) Specific reference to the rule for which a waiver is being sought;(2) Full explanation of why a waiver is necessary; and(3) Full explanation of alternatives proposed by the applicant, which shall be equally as protective of public health as the rule from which a waiver is sought.(b) The commissioner shall approve a request for waiver if: (1) The commissioner concludes that authorizing deviation from strict compliance with the rule for which a waiver is sought does not contradict the intent of the rule or underlying statute; and(2) The alternative proposed by the applicant ensures that the objective or intent of the rule for which a waiver is sought will be accomplished.(c) If a waiver is approved, the subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.N.H. Admin. Code § He-P 1404.06