Current through Register No. 50, December 12, 2024
Section Ins 305.09 - Waiver or Suspension of Rules(a) The commissioner, upon the commissioner's own initiative or upon request by an insurer, shall waive any requirement of this chapter if such waiver does not contradict the objective or intent of the rule and:(1) Applying the rule provision would cause confusion or would be misleading to consumers; (2) The rule provision is in whole or in part inapplicable to the given circumstances; (3) There are specific circumstances unique to the situation such that strict compliance with the rule would be onerous without promoting the objective or intent of the rule provision; or(4) Any other similar extenuating circumstances exist such that application of an alternative standard or procedure better promotes the objective or intent of the rule provision. (b) No requirement prescribed by statute shall be waived unless expressly authorized by law. (c) Any person or entity seeking a waiver shall make a request in writing to the commissioner. (d) A request for a waiver shall specify the basis for the waiver and proposed alternative, if any. (e) Waivers that are granted shall be in effect for the period of time requested and approved by the commissionerN.H. Admin. Code § Ins 305.09
Derived from Number 10, Filed March 7, 2024, Proposed by #13873, Effective 2/16/2024, Expires 2/16/2034.