N.H. Admin. Code § Plc 211.08

Current through Register No. 49, December 5, 2024

Section Plc 211.08 - Decisions on Waiver Requests

(a) The decision maker shall rule upon a waiver request only after:

(1) Fully considering all factors relevant to the request; and

(2) Affirmatively finding that good cause, as described in (c) and (d), below, exists to grant a waiver.

(b) If the decision maker does not find good cause exists to grant the requested waiver but finds good cause exists to grant a modified waiver that will provide the petitioner with at least some relief, the decision maker shall grant a modified waiver.

(c) For the purposes of this section, good cause shall be determined with reference to the rule for which the waiver is sought, provided that:

(1) No statutory requirement shall be waived unless:

a. The statute expressly provides for such waivers; and

b. All criteria specified in the statute for granting a waiver are met;

(2) No waiver shall be granted that has the effect of authorizing conduct after the fact for which the board has imposed disciplinary sanctions in other cases, unless the rule is already in the formal rulemaking process to be revised in a way that allows the conduct; and

(3) No waiver shall be granted that allows a licensee to practice with less education or experience than is required, unless conditions are imposed on the licensee to require supervision for a specified period of time by a fully-licensed practitioner in good standing in the same profession.

(d) If good cause is not specifically defined in the rule for which a waiver is sought, good cause shall be deemed to exist if none of the prohibitions in (c), above, apply and:

(1) Compliance with the rule cannot be achieved due to circumstances beyond the control of the person requesting the waiver and waiving the rule will not materially prejudice any other identifiable person or the general public;

(2) Compliance with the rule would cause operational or economic consequences, or both, to the person requesting the waiver that outweigh any disadvantage caused to any other person(s) by granting the waiver; or

(3) Compliance with the rule would otherwise be counterproductive to the purpose of the proceeding in which the waiver is sought, given the specific circumstances of the proceeding and the reason(s) for the waiver request.

N.H. Admin. Code § Plc 211.08

Derived from (See Revision Note #1 at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022.

Amended by Number 2, Filed January 11, 2024, Proposed by #13837, Effective 12/28/2023 (formerly Plc 211.02(a), (c), and (d)) (See Revision Note #2 at chapter heading for Plc 200).