N.J. Admin. Code § 13:45C-2.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:45C-2.3 - Application for waiver request by licensee or applicant

(a) A licensee or an applicant may apply to an agency for a waiver or relaxation of a specific regulatory requirement when strict compliance with that requirement would lead to an unfair, burdensome or incongruous result; would conflict with the rules of another agency; or would result in undue hardship, economic or otherwise, provided that the waiver or relaxation of the regulatory requirements would not unduly burden any affected parties, and that the waiver is consistent with the underlying purposes of the agency's laws and rules.

(b) A licensee or an applicant shall submit a waiver request in writing which shall be timely and shall include the following:

1. The specific rule(s) or part(s) of the rule(s) for which the waiver is requested;

2. The reasons for requesting the waiver, including a statement detailing the hardship that would result to the licensee or applicant if the waiver is not approved; and

3. Documentation that supports the licensee's or applicant's request for the waiver, if applicable.

(c) Absent a request for a waiver, an agency may waive or relax its regulatory requirements on its own initiative if the consequence of requiring strict compliance with the rules, or parts of the rules, in a particular instance, would lead to an unfair, burdensome or incongruous result, or would endanger the health, safety and welfare of the general public.

N.J. Admin. Code § 13:45C-2.3