N.H. Admin. Code § Lot 7009.01

Current through Register No. 50, December 12, 2024

Section Lot 7009.01 - Waiver of Rules

(a) A person may request the commission to grant a waiver from the application of a rule provided the requirements of this section are met.

(b) A request for a waiver shall:

(1) Be in writing;

(2) Include the specific reference to the rule(s) by number for which a waiver is being sought;

(3) Explain the fact which the person relies upon to support the request for a waiver including:

a. Why a waiver is necessary;

b. The alternatives proposed by the requestor; and

c. Why the requestor believes that the waiver being requested meets the criteria in (c) below; and

(4) Specify the period of time for which the waiver is sought.

(c) The commission shall grant the waiver if:

(1) The purpose of the rule would be satisfied by the alternative method proposed;

(2) The waiver does not result in any material prejudices;

(3) Granting the waiver does not conflict with any applicable statute.

(d) The commission shall render a decision to grant or deny the request for a waiver within 45 days of the filing of the request.

(e) The commission shall notify the person in writing within 10 days of the decision to grant or deny the request in writing.

(f) The applicant or 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.

(g) Waivers shall not be transferable.

(h) When a licensee wishes to renew the waiver beyond the approved period of time, the licensee shall apply for a new waiver by submitting the information required by (a) above:

(i) The request to renew a waiver shall be subject to (b) through (e) above.

N.H. Admin. Code § Lot 7009.01

Derived from Volume XL Number 28, Filed July 9, 2020, Proposed by #13067, Effective 6/26/2020, Expires 6/27/2030 (See Revision Notes #1, #2, and #3 at chapter heading for Lot 7000).