Section He-P 805.10 - Waivers(a) Applicants or licensees seeking waivers of specific rules in He-P 805 shall submit a written request for a waiver to the department that includes: (1) The specific reference to the rule for which a waiver is being sought;(2) A full explanation of why a waiver is necessary; and(3) The period of time for which the waiver is sought if less than permanent.(b) A waiver shall be permanent unless the department specifically places a time limit on the waiver.(c) A request for waiver shall be granted if the department determines that the alternative proposed by the applicant or licensee: (1) Meets the objective or intent of the rule;(2) Does not negatively impact the health, safety or well-being of the residents; and(3) Does not affect the quality of resident services.(d) The licensee's subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.(e) Waivers shall not be transferable.(f) When a licensee wishes to renew a time limited waiver beyond the approved period of time, the licensee shall apply for a new waiver by submitting the information required by (a) above: (1) When the licensee submits its application for license renewal pursuant to He-P 805.06(b) and (c) ; or(2) At least 15 days prior to the expiration of the waiver if the waiver expires on a date other then the expiration date of the licensing certificate.(g) The request to renew a waiver shall be subject to (b) through (f) above.N.H. Admin. Code § He-P 805.10
#2261, eff 1-17-83; ss by #3193, eff 1-28-86; ss by #5317, EMERGENCY, eff 1-29-92, EXPIRED: 5-28-92
New. #5513, eff 11-25-92; ss by #5665, eff 7-14-93; ss by #6895, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
New. #8746, eff 10-25-06
Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10813, Effective 4/21/2015, Expires4/21/2025.