New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 4000 - NEW HAMPSHIRE RULES FOR THE CONTROL OF RADIATION
Part He-P 4040 - REGISTRATION OF RADIATION MACHINES, MAGNETIC RESONANCE IMAGING MACHINES AND PROVIDERS OF SERVICES
Section He-P 4040.13 - Waivers
Current through Register No. 40, October 3, 2024
(a) DHHS/RHS has found that He-P 4040 applies to a variety of conditions and uses, and that the strict application of these rules may result in hardship or misapplication. The purpose of these waiver procedures is to accommodate those situations where strict adherence would not be in the best interest of the public.
(b) Any person who is or would be directly and adversely affected by the strict application of a rule in He-P 4040 may request a waiver, provided that such waiver does not contravene a federal statute or regulation, state statutory requirement, or state or federal constitutional requirement.
(c) Any person who wishes to request a waiver shall submit a written request for a waiver.
(d) The request for a waiver shall include the following information:
(e) All requests for a waiver shall be submitted to DHHS/RHS.
(f) Where a request for a waiver relates to an application for a registration, the person requesting the waiver shall submit the request as part of such application, or as soon thereafter as the person identifies the need for the request.
(g) DHHS/RHS shall grant a request for a waiver if the requesting party demonstrates that:
(h) DHHS/RHS shall send written notification to the person requesting the waiver of the determination on the request. If the waiver is submitted as part of the registration application and is granted, it shall become part of the registration document.