N.H. Admin. Code § Lot 7111.01

Current through Register No. 50, December 12, 2024

Section Lot 7111.01 - Waiver of Rules

(a) Any party seeking a waiver of a specific requirement set forth in this chapter shall submit a written request for a waiver to the commission that includes:

(1) The specific reference to the rule for which a waiver is being sought;

(2) A full explanation of:

a. Why a waiver is necessary;

b. The alternatives proposed by the requestor, if any; and

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

(3) The period of time for which the waiver is sought.

(b) The commission shall grant the waiver if it determines that approval of the waiver is not otherwise precluded by statute, and:

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

(2) Compliance with the rule is rendered unnecessary by new technology or innovative design; or

(3) Compliance with the rule would be unduly onerous or inapplicable given the circumstances of the affected party.

(c) The party's subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.

(d) Waivers shall not be transferable.

(e) When a party 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.

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

N.H. Admin. Code § Lot 7111.01

Derived from Volume XL Number 28, Filed July 9, 2020, Proposed by #13068, Effective 6/27/2020, Expires 6/27/2030 (See Revision Notes #1 and #2 at chapter heading for Lot 7100).

Amended by Number 15, Filed April 11, 2024, Proposed by #13913, Effective 3/22/2024, Expires 3/22/2034 (formerly Lot 7113.01).