Section Frl 214.01 - Petitions for Waiver(a) Any interested person may request the board to waive any rule not covered by Frl 202.04 by filing an original and 2 copies of a petition pursuant to Frl 206.01(b) which clearly identifies the rule in question and sets forth specific facts and arguments which support the requested waiver. No statutory requirements shall be waived.(b) Petitions for waivers of substantive rules shall address whether: (1) Adherence to the rule would cause the petitioner financial or personal hardship;(2) The requested waiver is not necessary because of any neglect or malfeasance on the part of the petitioner;(3) Waiver of the rule would be consistent with the statutes and rules adopted by the board;(4) Waiver of the rule would not injure third persons; and(5) Other good cause exists for waiving the rule.(c) If examination of the petition reveals that other persons would be substantially affected by the proposed relief, the board shall require service of the petition on such persons and advise them of their right to reply to the petition pursuant to Frl 206.01(c).(d) The petitioner shall provide such further information or participate in such evidentiary or other proceedings as shall be ordered by the board after reviewing the petition and any replies received.(e) A petition for waiver of a rule which does not allege material facts, which, if true, would be sufficient to support the requested waiver, shall be denied without prior notice or further hearing.(f) The board shall initiate a waiver of a substantive rule upon its own motion by providing affected parties with notice and an opportunity to be heard, and issuing an order which finds that waiver would be consistent with the criteria of (b), above.(g) Unless otherwise specified in the waiver itself, the waiver shall be effective for the duration of the license.N.H. Admin. Code § Frl 214.01
#9949-B, eff 6-24-11 (from Frl 212.01 )
Amended by Volume XXXVIII Number 50, Filed December 13, 2018, Proposed by #12672, Effective 11/20/2018.