New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-C - Commissioner, Department of Health and Human Services
Chapter He-C 200 - RULES OF PRACTICE AND PROCEDURE
Part He-C 201 - PURPOSE, DEFINITIONS AND PRELIMINARY MATTERS
Section He-C 201.08 - Waiver or Suspension of Procedural Rules
Universal Citation: NH Admin Rules He-C 201.08
Current through Register No. 40, October 3, 2024
(a) Upon the presiding officer's own motion or based upon a motion from a party, the presiding officer shall waive any requirement or limitation imposed by this chapter when:
(1) The affected parties have
been notified of the proposed waiver and given an opportunity to
object;
(2) The waiver would likely
promote the fair, accurate and efficient resolution of issues pending before
the department; and
(3) The waiver
does not conflict with any statute.
(b) If any provision of this chapter is determined by the presiding officer to conflict with any federal procedural requirement with which the department has agreed to comply:
(1) That provision shall be deemed to be
waived in favor of the applicable federal procedural requirement for purposes
of each hearing involving questions subject to that federal procedural
requirement; and
(2) The presiding
officer shall note such waiver in the record of the hearing.
#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07
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