New Hampshire Code of Administrative Rules
Sw - Lottery Commission
Chapter Sw 200 - RULES OF PRACTICE AND PROCEDURE
Part Sw 203 - COMPLIANCE WITH RULES
Section Sw 203.02 - Waiver or Suspension of Rules by Presiding Officer

Universal Citation: NH Admin Rules Sw 203.02

Current through Register No. 12, March 21, 2024

(a) The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to promote the fair, accurate, and efficient resolution of issues pending before the commission than would adherence to a particular rule.

(b) A motion to request the suspension or waiver of rules shall:

(1) Be in writing;

(2) Specify the rule(s) by number; and

(3) Specify the facts which the party relies upon to support the request.

(c) The commission shall grant the request to suspend or waive any requirement or limitation of this chapter when doing so:

(1) Would not conflict with any applicable statute;

(2) Would not result in any material prejudices; and

(3) Would be more likely to promote the fair, accurate and efficient resolution of issues pending before the commission than would adherence to a particular rule or procedure.

(d) The commission shall render a decision to grant or deny the request within 30 days of the filing of the request.

(e) The commission shall notify the person in writing within 10 days of the decision to grant or deny the request in writing.

#6564, eff 8-21-97, EXPIRED: 8-21-05

New. #8419-B, eff 8-23-05, EXPIRED: 8-23-13

New. #10668, eff 9-12-14

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