21 N.C. Admin. Code 40.0113

Current through Register Vol. 39, No. 11, December 2, 2024

Section 40 .0113 - WAIVER

(a) The Board may waive any rule in this Chapter that is not statutorily required if a licensee, business or training establishment, 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;

(2) cost 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 an exercise of emergency authority by a federal, state, or local governmental authority impacting North Carolina citizens 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.

21 N.C. Admin. Code 40 .0113

Authority G.S. 90-249; 150B-19(6);
Emergency Adoption Eff. April 9, 2020;
Temporary Adoption Eff. June 1, 2020;
Eff. April 1, 2021.

Amended by North Carolina Register Volume 34, Issue 24, June 15, 2020 effective 6/1/2020.

Amended by North Carolina Register Volume 35, Issue 21, May 3, 2021 effective 4/1/2021.