New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-A - Former Office of Alcohol and Drug Abuse Prevention
Chapter He-A 900 - PHASE II PROGRAMS
Part He-A 910 - WAIVERS
Section He-A 910.01 - Waivers

Universal Citation: NH Admin Rules He-A 910.01

Current through Register No. 40, October 3, 2024

(a) The commissioner shall waive any element or portion of these rules, except a rule that directly reflects a statutory requirement, if the commissioner determines that such a waiver would:

(1) Rectify problems unforeseen by the rules; or

(2) Assist a client in completing a phase II program when strict adherence to the rules would be unduly onerous due to unique circumstances beyond the client's control.

(b) A written request for a waiver of specific procedures in these rules shall be made by the director of the division of public health services (DPHS) or by a phase II program director and shall be submitted to the commissioner.

(c) A request for a waiver shall include:

(1) A specific reference to the rule for which a waiver is being sought;

(2) A full explanation of why a waiver is necessary; and

(3) A full explanation of alternative procedures proposed, which detail how the intent of the rule will be satisfied if the waiver is granted.

(d) A request for waiver shall be granted if the commissioner determines that:

(1) The criteria described in (a) have been met;

(2) Strict compliance with the procedure(s) sought to be waived does not contradict the intent of these rules; and

(3) The alternative procedures proposed are at least equivalent to the specific procedures contained in the rule, or the alternative procedures proposed are not equivalent to the procedures contained in the rule but are sufficient to ensure that the intent of the relevant provisions of the rule will be accomplished.

(e) Subsequent compliance with the alternative procedures approved in the waiver shall be considered to be in compliance with the rule for which waiver was sought.

#9082, eff 1-30-08

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