Section Odb 409.01 - Requests for Waivers(a) With the exception of the Odb 405.01(d) compliance date, an owner or applicant may request that the board waive the application of the rules of this chapter pertaining to fund eligibility and reimbursement, unless such request, if granted, would constitute a waiver of statutory requirements.(b) Requests for waivers shall be submitted in writing to the board and include the following information:(1) A specific reference to the section of the rule for which a waiver is being sought;(2) A full explanation of why a waiver is necessary;(3) If applicable, a full explanation of any alternative procedure, method, or activity that is proposed to be substituted for the procedure, method or activity required by the rule and for which a waiver is being sought, with supportive information; and(4) A full explanation of how the granting of a waiver would be consistent with the intent of RSA 146-D and this chapter.(c) The board shall approve a request for a waiver if it determines that the economic, technical, safety, or procedural benefits of granting a waiver are greater than the benefits of not granting the waiver and that proposed alternatives, if any, are adequate to ensure that the applicable statutory requirements are satisfied.(d) The board shall provide written notice of its decision.N.H. Admin. Code § Odb 409.01
#8491, eff 11-22-05; ss by #9935-A, eff 9-1-11
Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019, Expires 12/15/2029