New Hampshire Code of Administrative Rules
Cor - Commissioner, Department of Corrections
Chapter Cor 200 - PRACTICE AND PROCEDURE
Part Cor 217 - WAIVER
Section Cor 217.01 - Waiver of Rules other than Cor 200
Current through Register No. 12, March 21, 2024
(a) Any interested person may request the commissioner to waive a rule. A waiver shall be requested by filing a petition that identifies the rule in question and sets forth the specific facts and arguments that support the waiver.
(b) Petitions for waiver shall address, at a minimum, whether:
(c) If examination of the petition reveals that the proposed relief might substantially affect other persons, the commissioner shall require the petitioner to provide notice to those persons. The department shall afford affected persons the opportunity for hearing prior to ruling on the request for waiver.
(d) A petition for waiver of a rule that does not allege material facts, which, if true, would be sufficient to support the requested waiver, shall be denied without further notice or hearing.
(e) The commissioner shall issue a written decision on a request for waiver within 30 days of the receipt of a complete petition. A request for waiver shall be granted for good cause.
(f) For the purposes of this section, good cause shall be deemed to exist if, at a minimum, the petitioner has demonstrated that:
#9507-B, eff 7-8-09