New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-M - Former Division of Mental Health and Developmental Services
Chapter He-M 1000 - HOUSING
Part He-M 1007 - HOUSING SECURITY GUARANTEE PROGRAM
Section He-M 1007.13 - Waivers

Universal Citation: NH Admin Rules He-M 1007.13

Current through Register No. 40, October 3, 2024

(a) A provider, tenant applicant, tenant, or landlord may request a waiver of specific procedures outlined in this part, in writing, from the department.

(b) A request for a waiver shall include:

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

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

(3) A full explanation of alternative provisions or procedures proposed by the provider, tenant applicant, tenant, or landlord.

(c) No provision or procedure prescribed by statute shall be waived.

(d) A request for a waiver shall be granted after the commissioner determines that the alternative proposed by the provider, tenant applicant, tenant, or landlord meets the objective or intent of the rule, and:

(1) Does not negatively impact the health or safety of tenants; and

(2) Does not affect the quality of provider services.

(e) Upon receipt of approval of a waiver request, the provider's, tenant applicant's, tenant's, or landlord's subsequent compliance with the alternative provisions or procedures approved in the waiver shall be considered in compliance with the rule for which the waiver was sought.

(f) Waivers shall be granted in writing for a specific duration not to exceed 5 years.

(g) A provider, tenant applicant, tenant, or landlord may request a renewal of a waiver from the department. Such request shall be made at least 30 days prior to the expiration of a current waiver.

#9579, eff 10-24-09

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