Section He-A 504.10 - Waivers(a) The commissioner shall waive any element or portion of these rules if the commissioner determines that such a waiver would: (1) Rectify problems unforeseen by the rules; or(2) Assist a client in completing an IDCMP when strict adherence to the rules would be unduly onerous due to unique circumstances beyond the client's control.(b) A written request for a waiver of specific procedures in these rules shall be made by the director of the division of community based care services or by an IDCMP program director and shall be submitted to the commissioner.(c) A request for a waiver shall include: (1) A specific reference to the rule for which a waiver is being sought;(2) A full explanation of why a waiver is necessary; and(3) A full explanation of alternative procedures proposed, which detail how the intent of the rule will be satisfied if the waiver is granted.(d) A request for waiver shall be granted if the commissioner determines that: (1) A criterion described in (a) has been met;(2) Strict compliance with the procedure(s) sought to be waived does not contradict the intent of these rules; and(3) The alternative procedures proposed are at least equivalent to the specific procedures contained in the rule, or the alternative procedures proposed are not equivalent to the procedures contained in the rule but are sufficient to ensure that the intent of the relevant provisions of the rule will be accomplished.(e) Notwithstanding (d) above: (1) No waiver shall be granted if the effect of the waiver would be to waive or modify any state statute, unless a waiver is expressly allowed by the statute that would be waived; and(2) No waiver shall be granted if the effect of the waiver would be to waive or modify any federal requirement unless the federal statute or regulation that establishes the requirements allows for waivers.(f) Subsequent compliance with the alternative procedures approved in the waiver shall be considered to be in compliance with the rule for which waiver was sought.N.H. Admin. Code § He-A 504.10