Section We 204.05 - Processing of Petitions for Waiver or Exemption of Rules, Exemption of Statutory Requirements and Declaratory Rulings(a) If the board determines that the petition for waiver or exemption of a rule, exemption of a statutory requirement, or declaratory ruling is deficient, the board shall notify the petitioner within 30 days, in writing, of the specific deficiencies and allow the petitioner to amend the petition.(b) The board shall take one of the following actions in response to a petition for waiver: (1) Grant the petition if: a.Good cause exists for the requested action; andb.The interest of the parties to the proceeding will not be prejudiced by the waiver; or(2) Deny the petition, in writing, stating fully the reasons for denial.(c) For the purposes of this section, good cause shall exist when the requested action would be more likely to promote the fair, accurate and efficient resolution of issues pending before the board than would adherence to a particular rule or procedure.(d) The board shall take one of the following actions in response to a petition for exemption: (1) Grant the petition if the requested action is:a.Within the board's authority;b.Consistent with state and federal law and policy; andc.In the best interest of the petitioner or third person(s) to the extent necessary to ameliorate undue hardship and to the extent that the action can be granted without adversely impacting the public interest or the intent of the law; or(2) Deny the petition, in writing, stating fully the reasons for denial.(e) The board shall take one of the following actions in response to a petition for declaratory ruling: (1) Issue a declaratory ruling responsive to the petition within 90 days; or(2) If deemed necessary, request the opinion of the department of justice and issue a declaratory ruling within 90 days following receipt of the department of justice opinion.N.H. Admin. Code § We 204.05
#7307, eff 6-13-00; ss by #9178-A, eff 6-13-08