North Carolina Administrative Code
Title 26 - ADMINISTRATIVE HEARINGS
Chapter 05 - RULES REVIEW COMMISSION
Section .0100 - GENERAL
Section 05 .0112 - WAIVER

Universal Citation: 26 NC Admin Code 05 .0112

Current through Register Vol. 39, No. 6, September 16, 2024

(a) The Commission in open session may waive any rule for which no specific waiver provision is set out.

(b) Any person or agency requesting a waiver shall do so in writing and shall set out the specific rule for which a waiver is requested and the reasons justifying such a waiver.

(c) Any person desiring a waiver of the Commission's rules shall submit a copy of the request to the rulemaking coordinator for the agency proposing a rule at the same time and in the same manner as the submission to the RRC.

(d) The factors to be used in deciding whether to waive a rule are:

(1) the necessity for a waiver;

(2) the amount of notice given to the Commission and its staff, the agency proposing the rule, and interested parties;

(3) the applicant's responsibility for the conditions creating the need for a waiver;

(4) the applicant's previous requests for a waiver;

(5) the applicant's knowledge of or experience with the rulemaking process;

(6) the precedential value of such a waiver;

(7) the harm to the applicant if a waiver is not granted;

(8) the harm to the agency if a waiver is granted when the agency is not the applicant.

Authority G.S. 143B-30.1;
Eff. August 1, 2008.

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