New Hampshire Code of Administrative Rules
Opt - Board of Registration in Optometry
Chapter Opt 200 - PRACTICE AND PROCEDURE
Part Opt 216 - WAIVER OF SUBSTANTIVE RULES
Section Opt 216.01 - Petitions for Waiver

Universal Citation: NH Admin Rules Opt 216.01

Current through Register No. 12, March 21, 2024

(a) Any interested person may request the board to waive any rule not covered by Opt 203.01 by filing an original and 6 copies of a petition pursuant to Opt 207.01(b) which also identifies the rule in question and sets forth specific facts and arguments which support the requested waiver.

(b) Petitions for waivers of substantive rules shall address whether:

(1) Adherence to the rule would cause the petitioner hardship;

(2) The requested waiver is necessary because of any neglect or misfeasance on the part of the petitioner;

(3) Waiver of the rule would be consistent with the statutes administered by the board; and

(4) Waiver of the rule would injure third persons.

(c) If examination of the petition reveals that other persons would be affected by the proposed relief, the board shall require service of the petition on each such persons and advise each that she or he may file a reply to the petition pursuant to Opt 207.01(c).

(d) The petitioner shall provide further information or participate in such evidentiary or other proceedings as may be ordered by the board as necessary to complete action on the petition.

(e) A petition for waiver of a rule which does not contain the information required in (b) above shall be denied without further notice or hearing.

(f) The board shall waive a substantive rule either in response to a petition or upon its own motion after providing affected parties with notice and an opportunity to be heard.

(g) The board shall issue an order waiving a substantive rule if it determines after a hearing that:

(1) Adherence to the rule would cause personal or economic hardship to affected individuals;

(2) There is no neglect or misfeasance on the part of the petitioner, if applicable;

(3) Waiver of the rule would be consistent with the statutes administered by the board; and

(4) Waiver of the rule would not injure third persons.

#7608-B, eff 12-5-01; ss by #9558, eff 10-6-09

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