Section Plc 603.01 - Waivers(a) Applicants or licensees seeking waivers of specific rules in this chapter shall submit a written request for waiver to the executive director which includes the following: (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 or licensee, which shall be equally as protective of public health as the rule from which a waiver is sought.(b) The executive director shall approve a request for waiver if:(1) The executive director concludes that authorizing deviation from strict compliance with the rule from which waiver is sought does not contradict the intent of the rule;(2) The alternative proposed by the applicant or licensee ensures that the objective or intent of the rule from which waiver is sought will be accomplished; and(3) The alternative proposed by the applicant or licensee does not violate any statutory provision.(c) If a waiver is approved, the applicant's or licensee's subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.(d) Waivers shall correspond with the effective dates of the license. Licensees shall resubmit waiver requests during subsequent license periods if the waiver is still needed.N.H. Admin. Code § Plc 603.01
(See Revision Note at chapter heading for Plc 400) #12622, eff 9/21/2018; (formerly Plc 403.01) (see Revision Note #2 at chapter heading for Plc 600).