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

Universal Citation: NH Admin Rules Plc 211.01

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:

(1) Be directed to the presiding officer if one has been designated, or to the regulatory authority if no presiding officer has been designated;

(2) Be in written form, unless made in response to a matter asserted for the first time at an oral public hearing or on the basis of information that was not received in time to prepare a written request prior to the hearing at which the request is made; and

(3) Be included in the record of the proceeding if in writing, or recorded in full in the record of the hearing if made at an oral public hearing.

(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:

(1) The economic and operational consequences to the petitioner of complying with the rule as written;

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

(3) Whether waiver of the rule would harm or otherwise operate to the disadvantage of any third person(s); and

(4) Any additional information the petitioner believes provides good cause for waiving the rule.

(e) If examination of the petition reveals that other persons would be substantially affected by the proposed relief, the regulatory authority shall:

(1) Require the petitioner to serve the petition on such persons; and

(2) Advise such persons of their right to reply to the petition.

(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.

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