New Hampshire Code of Administrative Rules
Plc - Executive Director, Office of Professional Licensure and Certification
Chapter Plc 200 - PRACTICE AND PROCEDURE
Part Plc 211 - WAIVER OF RULES
Section Plc 211.01 - Petitions for Waiver of Rules
Current through Register No. 12, March 21, 2024
(a) Any participant in a non-adjudicative proceeding or otherwise affected by the rules in Plc 200 et seq. who wishes to request a waiver of a rule in Plc 200 et seq. shall proceed in accordance with this section.
(b) Waiver requests made in conjunction with an adjudicative proceeding shall be in the form of a motion that is filed and handled in accordance with Plc 206.12.
(c) A petition to waive a rule filed under this section shall:
(d) A petition for a waiver shall include a clear and concise statement of the reason(s) why the waiver is being sought, including an explanation that addresses:
(e) If examination of the petition reveals that other persons would be substantially affected by the proposed relief, the regulatory authority shall:
(f) The petitioner shall provide such further information or participate in such evidentiary or other proceedings as are ordered by the regulatory authority after reviewing the petition and any replies received.
(g) If a request for waiver is made orally at an oral public hearing and the presiding officer finds that additional information is needed in order for the request to be fully and fairly considered, the presiding officer shall direct the requestor to submit the request in writing, with supporting information as specified in (d), above, within 3 working days of the date of the oral request. If other participants in the proceeding wish to respond to the request, the response(s) shall be filed no later than 7 calendar days after the request is filed.
(h) If a request for waiver is made orally at an oral public hearing on proposed rules and the time period(s) specified in (g), above, fall after the deadline specified for the submittal of written comments, the regulatory authority shall extend the deadline as provided in RSA 541-A:11, III.