N.H. Admin. Code § Lot 8004.26

Current through Register No. 50, December 12, 2024

Section Lot 8004.26 - Waiver of Occupational Licensing Qualification Rules

(a) An occupational licensee or applicant for an occupational license may request a waiver of any rule relating to the qualifications for an occupational license by submitting the following to the commission:

(1) A written request describing:

a. The specific reference to the rule(s) by number for which a waiver is being sought; and

b. An explanation of how:

1. The purpose of the qualification sought to be waived would be achieved if the waiver is granted; and

2. Granting the waiver would not negatively impact the ability of the licensee to act according to the requirements of law or adversely affect the running of any race;

(2) Written communications supporting the request from the following:

a. A licensee under RSA 284:15; and

b. A majority of a board of judges.

(b) The commission shall grant a waiver under (a) above relative to the qualifications for occupational licensure if it determines that:

(1) The purpose of the qualification sought to be waived would be achieved even if the waiver is granted;

(2) The waiver would not, if an applicant were hired by a licensee under RSA 284:15, impact upon the ability of that licensee to act according the requirements of law or be likely to adversely affect the running of any race;

(3) The waiver does not relate to rules relating to the ownership of, operation of, or association with, an illegal gambling enterprise or to violations of federal or state gaming or gambling laws;

(4) The waiver does not relate to any age requirement;

(5) The request for waiver is supported in writing by a licensee under RSA 284:15 and a majority of a board of judges; and

(6) The waiver would not conflict with the provisions of RSA 284 or other applicable statutory law.

(c) The commission shall deny a waiver of a rule relating to qualifications for occupational licensure if it determines that:

(1) The purpose of the qualification sought to be waived would not be achieved if the waiver is granted;

(2) The waiver would impact upon the ability of that licensee to act according to the requirements of law or be likely to adversely affect the running of any race;

(3) The waiver relates to rules relating to the ownership of, operation of, or association with, an illegal gambling enterprise or to violations of federal or state gaming or gambling laws; and

(4) The waiver relates to any age requirement;

(5) The request for waiver is not supported in writing by a licensee under RSA 284:15 and a majority of a board of judges; or

(6) The waiver would conflict with the provisions of RSA 284 or other applicable statutory law.

N.H. Admin. Code § Lot 8004.26

Derived From Volume XXXVIII Number 23, Filed June 7, 2018, Proposed by #12544, Effective 6/1/2018, Expires 6/1/2028.