N.H. Code Admin. R. Env-WC 202.13

Current through Register No. 25, June 20, 2024
Section Env-WC 202.13 - Waiver of Rules
(a) Any person may request the council to waive, for good cause, the application of any of these rules not mandated or required by any New Hampshire statute.
(b) Requests made in an appeal proceeding shall be made and processed as a motion in accordance with Env-WC 203.13.
(c) All other requests made in advance of a meeting shall be in writing. Requests made at a meeting may be made orally on the record. All requests shall state the basis for the request.
(d) The council shall grant the request if it determines that:
(1) The requirement is not mandated by statute;
(2) Good cause for the waiver exists; and
(3) No person objects to the waiver or, if a person does object, the reason(s) for granting the waiver outweigh the reason(s) for denying the waiver.
(e) For purposes of this section, good cause shall be determined with reference to the specific rule for which a waiver is sought. In determining whether good cause exists to waive a rule, the council shall consider whether strict adherence to the rule will cause hardship and whether waiving the rule will prejudice the interests of any participant in an appeal or be detrimental to the public interest.

N.H. Code Admin. R. Env-WC 202.13

#8977-A, eff 9-14-07