N.H. Admin. Code § Hcp 213.01

Current through Register No. 44, October 31, 2024

Section Hcp 213.01 - Petitions for Waiver

Hcp 213.01 Petitions for Waiver.

(a) Unless granting it would conflict with any statutory provision, the board shall entertain a petition to waive any rule not covered by Hcp 201.04 upon the filing of a petition pursuant to Hcp 205.01(b) which clearly identifies the rule in question and sets forth specific facts and arguments which support the requested waiver. The petitioner shall file an original and 2 copies of the petition.

(b) Petitions for waivers of substantive rules shall address all of the following:

(1) Whether adherence to the rule would, in the petitioner's view, cause the petitioner unnecessary or undue personal or financial hardship and a description of such hardship;

(2) Whether the requested waiver is necessitated due to neglect or misfeasance on the part of the petitioner;

(3) Whether waiver of the rule would be consistent with the statutes and rules administered by the board;

(4) Whether other good cause exists for waiving the rule; and

(5) Whether enforcement of the rule would injure third persons.

(c) If examination of the petition reveals that other persons would be substantially personally or financially affected by the proposed relief, the board shall require service of the petition on such persons and advise them of their right to object to the petition pursuant to Hcp 205.01(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) 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 a waiver would be consistent with the criteria of (b), above.

(f) The board shall grant the petition for waiver if the board finds that the circumstances set forth in Hcp 213.01(b)(1), (3) and (4) are present and further finds that the circumstances set forth in Hcp 213.01(b)(2) and (5) are not present.

N.H. Admin. Code § Hcp 213.01

#6935, eff 1-29-99, EXPIRED: 1-29-07

New. #9338, eff 12-3-08 (formerly Hcp 212.01 )

Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12111, Effective 2/21/2017.