21 N.C. Admin. Code 34A.0128
Current through Register Vol. 39, No. 9, November 1, 2024
Section 34A .0128 - WAIVER(a) The Board may waive any rule in this Chapter that is not statutorily required if a licensee, trainee, or continuing education course provider submits a written request. Factors the Board shall use in determining whether to grant the waiver are: (1) degree of disruption to the Board;(3) degree of benefit to the public;(4) whether the requesting party had control over the circumstances that required the requested waiver;(5) notice to and opposition by the public;(6) need for the waiver; and(7) previous requests for waivers submitted from the requesting party.(b) The Board may waive any rule in this Chapter that is not statutorily required upon its own initiative during a disaster declaration by the President of the United States or the Governor, a national emergency declaration by the President of the United States, or a state of emergency declaration issued under G.S. 166A-19.3(19), based on the factors set forth in Paragraph (a)(1), (2), (3), (5) and (6) of this Rule. If the Board wishes to waive a rule, it shall provide notice by posting a link on their website and sending out information to their interested persons mailing list.(c) Any waiver granted by the Board in accordance with this Rule based upon a declared state of emergency shall include a date certain upon which the waiver will expire, not to exceed 12 months from the date that the waiver is granted.21 N.C. Admin. Code 34A .0128
Authority G.S. 90-210.23(a); 150B-19(6);
Emergency Adoption Eff. April 14, 2020;
Temporary Adoption Eff. July 24, 2020;
Eff. March 1, 2021.Authority G.S. 90-210.23(a); 150B-19(6);
Eff. April 1, 1987;
Emergency Adoption Eff. April 14, 2020;
Adopted by North Carolina Register Volume 35, Issue 04, August 17, 2020 effective 7/24/2020.
Amended by North Carolina Register Volume 35, Issue 19, April 1, 2021 effective 3/1/2021.