New Hampshire Code of Administrative Rules
Site - Site Evaluation Committee
Chapter Site 200 - PRACTICE AND PROCEDURE RULES
Part Site 202 - ADJUDICATIVE PROCEEDINGS
Section Site 202.15 - Waiver of Rules

Universal Citation: NH Admin Rules Site 202.15

Current through Register No. 12, March 21, 2024

(a) The committee or subcommittee, as applicable, shall waive any of the provisions of these rules, except where precluded by statute, on its own motion or upon request by an interested party, if the committee or subcommittee finds that:

(1) The waiver serves the public interest; and

(2) The waiver will not disrupt the orderly and efficient resolution of matters before the committee or subcommittee.

(b) In determining the public interest, the committee or subcommittee shall waive a rule if:

(1) Compliance with the rule would be onerous or inapplicable given the circumstances of the affected person; or

(2) The purpose of the rule would be satisfied by an alternative method proposed.

(c) Any interested party seeking a waiver shall make a request in writing, except as provided in (d) below.

(d) The committee or subcommittee, as applicable, shall accept for consideration any waiver request made orally during a hearing or prehearing conference.

(e) A request for a waiver shall specify the basis for the waiver and the proposed alternative, if any.

(f) Other parties shall be provided the opportunity to comment on any waiver request before the committee.

#9183-A, eff 6-17-08

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