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

Current through Register No. 25, June 20, 2024
Section Env-WtC 202.13 - Waiver of Rules
(a) The council, upon its own initiative or upon request by a member of the public or a party to an appeal, shall waive the application of any of these rules not mandated by statute after notice to all affected persons and a finding that good cause for the proposed waiver exists.
(b) Requests made prior to or subsequent to a hearing or general proceeding shall be made in writing. Requests made at a hearing or general proceeding may be made orally and shall be entered into the record.
(c) A waiver request shall:
(1) Clearly identify the rule in question and state the specific reason(s) which support the requested waiver; and
(2) If in the context of an appeal, certify that all parties have received notice of the request.
(d) In determining if good cause exists to waive a rule, the council shall consider whether:
(1) Strict adherence to the rule will cause hardship; and
(2) Waiving the rule will prejudice the interests of any party to an appeal or be detrimental to the public interest responsibilities of the council.
(e) 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.

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

#8534, eff 12-30-05