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 211.02 - Decisions on Waiver Requests

Universal Citation: NH Admin Rules Plc 211.02

Current through Register No. 12, March 21, 2024

(a) The presiding officer or regulatory authority, as applicable, shall rule upon a waiver request after full consideration of all factors relevant to the request.

(b) A regulatory authority shall waive a rule upon its own motion by providing affected persons with notice and an opportunity to be heard, and after issuing an order that finds that good cause has been shown.

(c) For the purposes of this section, good cause shall be determined with reference to the rule for which the waiver is sought.

(d) If good cause is not specifically defined in the rule for which a waiver is sought, good cause shall be deemed to exist if:

(1) Compliance with the rule cannot be achieved due to circumstances beyond the control of the person requesting the waiver and waiving the rule will not materially prejudice any other person;

(2) Compliance with the rule would cause operational or economic consequences, or both, to the person requesting the waiver that outweigh any disadvantage caused to any other person(s) by granting the waiver; or

(3) Compliance with the rule would otherwise be counterproductive to the purpose of the proceeding in which the waiver is sought, given the specific circumstances of the proceeding and the reason(s) for the waiver request.

(e) If the executive director determines that the technical expertise of an advisory board or advisory committee is needed to respond to a petition for a waiver, the executive director shall consult with the advisory board or advisory committee.

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