Section Mhp 213.01 - Petitions for Waiver(a) The board shall entertain petitions to waive or suspend any rule upon the filing of an original and 10 copies of a petition pursuant to Mhp 206.01(b) which clearly identifies the rule in question and sets forth specific facts and arguments which support the requested waiver.(b) Petitions for waivers of substantive rules shall address: (1) Whether adherence to the rule would cause the petitioner hardship;(2) Whether the requested waiver is necessary because of any neglect or misfeasance on the part of the petitioner;(3) Whether waiver of the rule would injure third persons; and(4) Other good cause for waiving the rule.(c) If examination of the petition reveals that other persons would be substantially affected by the proposed relief, the board shall require service of the petition on such persons and advise them of their right to reply to the petition pursuant to Mhp 206.01(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 good cause has been shown.(f) For the purposes of this section, good cause shall be deemed to exist if, at a minimum, the petitioner has demonstrated that:(1) Adherence to the rule would cause the petitioner hardship;(2) Waiver of the rule would be consistent with the statutes and rules of the board;(3) Waiver of the rule would not injure third persons; and(4) Waiver is necessary due to factors outside the control of the petitioner.N.H. Admin. Code § Mhp 213.01
(See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99
New. #7624, eff 1-10-02, EXPIRED: 1-10-11
New. #9853-B, eff 1-25-11
Amended by Volume XXXV Number 01, Filed January 8, 2015, Proposed by #10745, Effective 12/16/2014.