N.H. Admin. Code § He-P 1404.06

Current through Register No. 45, November 7, 2024
Section He-P 1404.06 - Waivers
(a) Each person seeking a waiver of a specific rule in this chapter shall submit a written request for waiver to the commissioner which includes:
(1) Specific reference to the rule for which a waiver is being sought;
(2) Full explanation of why a waiver is necessary; and
(3) Full explanation of alternatives proposed by the applicant, which shall be equally as protective of public health as the rule from which a waiver is sought.
(b) The commissioner shall approve a request for waiver if:
(1) The commissioner concludes that authorizing deviation from strict compliance with the rule for which a waiver is sought does not contradict the intent of the rule or underlying statute; and
(2) The alternative proposed by the applicant ensures that the objective or intent of the rule for which a waiver is sought will be accomplished.
(c) If a waiver is approved, the subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.

N.H. Admin. Code § He-P 1404.06

#9681, eff 3-20-10