Section Env-C 203.04 - Waiver of Rules(a) Subject to (g), below, any participant in an adjudicative or non-adjudicative proceeding or otherwise affected by the rules in Env-C 200 may request the presiding officer to waive any rule in Env-C 200 for good cause. If no presiding officer has been designated, the requestor shall direct the request to the commissioner.(b) Waiver requests made in conjunction with an adjudicative proceeding shall be in the form of a motion that is filed and handled in accordance with Env-C 204.17.(c) A request to waive a rule not made in conjunction with an adjudicative proceeding shall: (1) Be in written form, unless made in response to a matter asserted for the first time at an oral public hearing or on the basis of information which was not received in time to prepare a written request prior to the hearing at which the request is made;(2) Contain a clear and concise statement of the reason(s) why the waiver is being requested, including a statement of the impact on the requestor if the waiver is not granted; and(3) Be included in the record of the proceeding if in writing, or recorded in full in the record of the hearing if made at an oral public hearing.(d) If the presiding officer finds that a request made orally at an oral public hearing requires additional information in order to be fully and fairly considered, the presiding officer shall direct the requestor to submit the request in writing, with supporting information, within 3 state business days of the date of the oral request. If other participants in the proceeding wish to respond to the request, the response(s) shall be filed no later than 7 days after the request is filed.(e) The presiding officer shall rule upon a waiver request after full consideration of all factors relevant to the request.(f) For purposes of this section, good cause shall be determined with reference to the rule for which the waiver is sought. If good cause is not specifically defined in the rule for which a waiver is sought, good cause shall be deemed to exist if: (1) Compliance with the rule cannot be achieved due to circumstances beyond the control of the person requesting the waiver and waiving the rule will not materially prejudice any other person;(2) Compliance with the rule would work a hardship on the person requesting the waiver and waiving the rule will not prejudice any other person; or(3) Compliance with the rule would otherwise be counterproductive to the purpose of the proceeding in which the waiver is sought, given the specific circumstances of the proceeding and the reason(s) for the waiver request.(g) No waiver shall be granted to any rule that reflects a statutory or constitutional requirement without the consent of the person(s) to whose benefit the provision operates.N.H. Code Admin. R. Env-C 203.04
#5860, eff 7-1-94; ss by #6960, eff 3-25-99; ss by #8851-A, eff 3-25-07